|   | 
      
      
        |   | 
      
      
        | 
           		
			 | 
        
          A BILL TO BE ENTITLED
         | 
      
      
        | 
           
			 | 
        
          AN ACT
         | 
      
      
        | 
           
			 | 
        relating to nonsubstantive additions to, revisions of, and  | 
      
      
        | 
           
			 | 
        corrections in enacted codes, to the nonsubstantive codification or  | 
      
      
        | 
           
			 | 
        disposition of various laws omitted from enacted codes, and to  | 
      
      
        | 
           
			 | 
        conforming codifications enacted by the 85th Legislature to other  | 
      
      
        | 
           
			 | 
        Acts of that legislature. | 
      
      
        | 
           
			 | 
               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
        | 
           
			 | 
        ARTICLE 1.  GENERAL PROVISIONS | 
      
      
        | 
           
			 | 
               SECTION 1.001.  This Act is enacted as part of the state's  | 
      
      
        | 
           
			 | 
        continuing statutory revision program under Chapter 323,  | 
      
      
        | 
           
			 | 
        Government Code.  This Act is a revision for purposes of Section 43,  | 
      
      
        | 
           
			 | 
        Article III, Texas Constitution, and has the purposes of: | 
      
      
        | 
           
			 | 
                     (1)  codifying without substantive change or providing  | 
      
      
        | 
           
			 | 
        for other appropriate disposition of various statutes that were  | 
      
      
        | 
           
			 | 
        omitted from enacted codes; | 
      
      
        | 
           
			 | 
                     (2)  conforming codifications enacted by the 85th  | 
      
      
        | 
           
			 | 
        Legislature to other Acts of that legislature that amended the laws  | 
      
      
        | 
           
			 | 
        codified or added new law to subject matter codified; | 
      
      
        | 
           
			 | 
                     (3)  revising without substantive change provisions in  | 
      
      
        | 
           
			 | 
        enacted codes; | 
      
      
        | 
           
			 | 
                     (4)  making necessary corrections to enacted codes; and | 
      
      
        | 
           
			 | 
                     (5)  renumbering or otherwise redesignating titles,  | 
      
      
        | 
           
			 | 
        chapters, and sections of codes that duplicate title, chapter, or  | 
      
      
        | 
           
			 | 
        section designations. | 
      
      
        | 
           
			 | 
               SECTION 1.002.  (a)  The repeal of a statute by this Act does  | 
      
      
        | 
           
			 | 
        not affect an amendment, revision, or reenactment of the statute by  | 
      
      
        | 
           
			 | 
        the 86th Legislature, Regular Session, 2019.  The amendment,  | 
      
      
        | 
           
			 | 
        revision, or reenactment is preserved and given effect as part of  | 
      
      
        | 
           
			 | 
        the code provision that revised the statute so amended, revised, or  | 
      
      
        | 
           
			 | 
        reenacted. | 
      
      
        | 
           
			 | 
               (b)  If any provision of this Act conflicts with a statute  | 
      
      
        | 
           
			 | 
        enacted by the 86th Legislature, Regular Session, 2019, the statute  | 
      
      
        | 
           
			 | 
        controls. | 
      
      
        | 
           
			 | 
               SECTION 1.003.  (a)  A transition or saving provision of a  | 
      
      
        | 
           
			 | 
        law codified by this Act applies to the codified law to the same  | 
      
      
        | 
           
			 | 
        extent as it applied to the original law. | 
      
      
        | 
           
			 | 
               (b)  The repeal of a transition or saving provision by this  | 
      
      
        | 
           
			 | 
        Act does not affect the application of the provision to the codified  | 
      
      
        | 
           
			 | 
        law. | 
      
      
        | 
           
			 | 
               (c)  In this section, "transition provision" includes any  | 
      
      
        | 
           
			 | 
        temporary provision providing for a special situation in the  | 
      
      
        | 
           
			 | 
        transition period between the existing law and the establishment or  | 
      
      
        | 
           
			 | 
        implementation of the new law. | 
      
      
        | 
           
			 | 
               SECTION 1.004.  (a)  The repeal of a law, including a  | 
      
      
        | 
           
			 | 
        validating law, by this Act does not remove, void, or otherwise  | 
      
      
        | 
           
			 | 
        affect in any manner a validation under the repealed law.  The  | 
      
      
        | 
           
			 | 
        validation is preserved and continues to have the same effect that  | 
      
      
        | 
           
			 | 
        it would have if the law were not repealed. | 
      
      
        | 
           
			 | 
               (b)  Subsection (a) of this section does not diminish the  | 
      
      
        | 
           
			 | 
        saving provisions prescribed by Section 311.031, Government Code. | 
      
      
        | 
           
			 | 
        ARTICLE 2.  CHANGES RELATING TO AGRICULTURE CODE | 
      
      
        | 
           
			 | 
               SECTION 2.001.  Chapter 77, Agriculture Code, is amended to  | 
      
      
        | 
           
			 | 
        conform to Section 9, Chapter 755 (S.B. 1731), Acts of the 85th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2017, to read as follows: | 
      
      
        | 
           
			 | 
        CHAPTER 77.  FIRE ANT CONTROL | 
      
      
        | 
           
			 | 
        [SUBCHAPTER A. ERADICATION PROGRAM] | 
      
      
        | 
           
			 | 
               Sec. 77.001.  COMMISSIONERS COURT MAY ESTABLISH PROGRAM.   | 
      
      
        | 
           
			 | 
        The commissioners court of any county may establish, implement, and  | 
      
      
        | 
           
			 | 
        conduct a program for the eradication or control of the imported  | 
      
      
        | 
           
			 | 
        fire ant. | 
      
      
        | 
           
			 | 
               Sec. 77.002.  COORDINATION WITH OTHER PROGRAMS.  The program  | 
      
      
        | 
           
			 | 
        established under this chapter may be conducted independently of or  | 
      
      
        | 
           
			 | 
        in conjunction with any related program conducted and financed by  | 
      
      
        | 
           
			 | 
        private or other public entities. | 
      
      
        | 
           
			 | 
               Sec. 77.003.  COST OF PROGRAM.  The commissioners court may  | 
      
      
        | 
           
			 | 
        expend any available county funds to pay for all or its share of the  | 
      
      
        | 
           
			 | 
        cost of a program established under this chapter, including funds  | 
      
      
        | 
           
			 | 
        derived from taxation under the 80-cent limitation of Article VIII,  | 
      
      
        | 
           
			 | 
        Section 9, of the Texas Constitution. | 
      
      
        | 
           
			 | 
        [SUBCHAPTER B. BASIC RESEARCH PROGRAM] | 
      
      
        | 
           
			 | 
        ARTICLE 3.  CHANGES RELATING TO BUSINESS & COMMERCE CODE | 
      
      
        | 
           
			 | 
               SECTION 3.001.  Section 17.46(b), Business & Commerce Code,  | 
      
      
        | 
           
			 | 
        as amended by Chapters 324 (S.B. 1488), 858 (H.B. 2552), and 967  | 
      
      
        | 
           
			 | 
        (S.B. 2065), Acts of the 85th Legislature, Regular Session, 2017,  | 
      
      
        | 
           
			 | 
        is reenacted and amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Except as provided in Subsection (d) of this section,  | 
      
      
        | 
           
			 | 
        the term "false, misleading, or deceptive acts or practices"  | 
      
      
        | 
           
			 | 
        includes, but is not limited to, the following acts: | 
      
      
        | 
           
			 | 
                     (1)  passing off goods or services as those of another; | 
      
      
        | 
           
			 | 
                     (2)  causing confusion or misunderstanding as to the  | 
      
      
        | 
           
			 | 
        source, sponsorship, approval, or certification of goods or  | 
      
      
        | 
           
			 | 
        services; | 
      
      
        | 
           
			 | 
                     (3)  causing confusion or misunderstanding as to  | 
      
      
        | 
           
			 | 
        affiliation, connection, or association with, or certification by,  | 
      
      
        | 
           
			 | 
        another; | 
      
      
        | 
           
			 | 
                     (4)  using deceptive representations or designations  | 
      
      
        | 
           
			 | 
        of geographic origin in connection with goods or services; | 
      
      
        | 
           
			 | 
                     (5)  representing that goods or services have  | 
      
      
        | 
           
			 | 
        sponsorship, approval, characteristics, ingredients, uses,  | 
      
      
        | 
           
			 | 
        benefits, or quantities which they do not have or that a person has  | 
      
      
        | 
           
			 | 
        a sponsorship, approval, status, affiliation, or connection which  | 
      
      
        | 
           
			 | 
        the person does not; | 
      
      
        | 
           
			 | 
                     (6)  representing that goods are original or new if  | 
      
      
        | 
           
			 | 
        they are deteriorated, reconditioned, reclaimed, used, or  | 
      
      
        | 
           
			 | 
        secondhand; | 
      
      
        | 
           
			 | 
                     (7)  representing that goods or services are of a  | 
      
      
        | 
           
			 | 
        particular standard, quality, or grade, or that goods are of a  | 
      
      
        | 
           
			 | 
        particular style or model, if they are of another; | 
      
      
        | 
           
			 | 
                     (8)  disparaging the goods, services, or business of  | 
      
      
        | 
           
			 | 
        another by false or misleading representation of facts; | 
      
      
        | 
           
			 | 
                     (9)  advertising goods or services with intent not to  | 
      
      
        | 
           
			 | 
        sell them as advertised; | 
      
      
        | 
           
			 | 
                     (10)  advertising goods or services with intent not to  | 
      
      
        | 
           
			 | 
        supply a reasonable expectable public demand, unless the  | 
      
      
        | 
           
			 | 
        advertisements disclosed a limitation of quantity; | 
      
      
        | 
           
			 | 
                     (11)  making false or misleading statements of fact  | 
      
      
        | 
           
			 | 
        concerning the reasons for, existence of, or amount of price  | 
      
      
        | 
           
			 | 
        reductions; | 
      
      
        | 
           
			 | 
                     (12)  representing that an agreement confers or  | 
      
      
        | 
           
			 | 
        involves rights, remedies, or obligations which it does not have or  | 
      
      
        | 
           
			 | 
        involve, or which are prohibited by law; | 
      
      
        | 
           
			 | 
                     (13)  knowingly making false or misleading statements  | 
      
      
        | 
           
			 | 
        of fact concerning the need for parts, replacement, or repair  | 
      
      
        | 
           
			 | 
        service; | 
      
      
        | 
           
			 | 
                     (14)  misrepresenting the authority of a salesman,  | 
      
      
        | 
           
			 | 
        representative or agent to negotiate the final terms of a consumer  | 
      
      
        | 
           
			 | 
        transaction; | 
      
      
        | 
           
			 | 
                     (15)  basing a charge for the repair of any item in  | 
      
      
        | 
           
			 | 
        whole or in part on a guaranty or warranty instead of on the value of  | 
      
      
        | 
           
			 | 
        the actual repairs made or work to be performed on the item without  | 
      
      
        | 
           
			 | 
        stating separately the charges for the work and the charge for the  | 
      
      
        | 
           
			 | 
        warranty or guaranty, if any; | 
      
      
        | 
           
			 | 
                     (16)  disconnecting, turning back, or resetting the  | 
      
      
        | 
           
			 | 
        odometer of any motor vehicle so as to reduce the number of miles  | 
      
      
        | 
           
			 | 
        indicated on the odometer gauge; | 
      
      
        | 
           
			 | 
                     (17)  advertising of any sale by fraudulently  | 
      
      
        | 
           
			 | 
        representing that a person is going out of business; | 
      
      
        | 
           
			 | 
                     (18)  advertising, selling, or distributing a card  | 
      
      
        | 
           
			 | 
        which purports to be a prescription drug identification card issued  | 
      
      
        | 
           
			 | 
        under Section 4151.152, Insurance Code, in accordance with rules  | 
      
      
        | 
           
			 | 
        adopted by the commissioner of insurance, which offers a discount  | 
      
      
        | 
           
			 | 
        on the purchase of health care goods or services from a third party  | 
      
      
        | 
           
			 | 
        provider, and which is not evidence of insurance coverage, unless: | 
      
      
        | 
           
			 | 
                           (A)  the discount is authorized under an agreement  | 
      
      
        | 
           
			 | 
        between the seller of the card and the provider of those goods and  | 
      
      
        | 
           
			 | 
        services or the discount or card is offered to members of the  | 
      
      
        | 
           
			 | 
        seller; | 
      
      
        | 
           
			 | 
                           (B)  the seller does not represent that the card  | 
      
      
        | 
           
			 | 
        provides insurance coverage of any kind; and | 
      
      
        | 
           
			 | 
                           (C)  the discount is not false, misleading, or  | 
      
      
        | 
           
			 | 
        deceptive; | 
      
      
        | 
           
			 | 
                     (19)  using or employing a chain referral sales plan in  | 
      
      
        | 
           
			 | 
        connection with the sale or offer to sell of goods, merchandise, or  | 
      
      
        | 
           
			 | 
        anything of value, which uses the sales technique, plan,  | 
      
      
        | 
           
			 | 
        arrangement, or agreement in which the buyer or prospective buyer  | 
      
      
        | 
           
			 | 
        is offered the opportunity to purchase merchandise or goods and in  | 
      
      
        | 
           
			 | 
        connection with the purchase receives the seller's promise or  | 
      
      
        | 
           
			 | 
        representation that the buyer shall have the right to receive  | 
      
      
        | 
           
			 | 
        compensation or consideration in any form for furnishing to the  | 
      
      
        | 
           
			 | 
        seller the names of other prospective buyers if receipt of the  | 
      
      
        | 
           
			 | 
        compensation or consideration is contingent upon the occurrence of  | 
      
      
        | 
           
			 | 
        an event subsequent to the time the buyer purchases the merchandise  | 
      
      
        | 
           
			 | 
        or goods; | 
      
      
        | 
           
			 | 
                     (20)  representing that a guaranty or warranty confers  | 
      
      
        | 
           
			 | 
        or involves rights or remedies which it does not have or involve,  | 
      
      
        | 
           
			 | 
        provided, however, that nothing in this subchapter shall be  | 
      
      
        | 
           
			 | 
        construed to expand the implied warranty of merchantability as  | 
      
      
        | 
           
			 | 
        defined in Sections 2.314 through 2.318 and Sections 2A.212 through  | 
      
      
        | 
           
			 | 
        2A.216 to involve obligations in excess of those which are  | 
      
      
        | 
           
			 | 
        appropriate to the goods; | 
      
      
        | 
           
			 | 
                     (21)  promoting a pyramid promotional scheme, as  | 
      
      
        | 
           
			 | 
        defined by Section 17.461; | 
      
      
        | 
           
			 | 
                     (22)  representing that work or services have been  | 
      
      
        | 
           
			 | 
        performed on, or parts replaced in, goods when the work or services  | 
      
      
        | 
           
			 | 
        were not performed or the parts replaced; | 
      
      
        | 
           
			 | 
                     (23)  filing suit founded upon a written contractual  | 
      
      
        | 
           
			 | 
        obligation of and signed by the defendant to pay money arising out  | 
      
      
        | 
           
			 | 
        of or based on a consumer transaction for goods, services, loans, or  | 
      
      
        | 
           
			 | 
        extensions of credit intended primarily for personal, family,  | 
      
      
        | 
           
			 | 
        household, or agricultural use in any county other than in the  | 
      
      
        | 
           
			 | 
        county in which the defendant resides at the time of the  | 
      
      
        | 
           
			 | 
        commencement of the action or in the county in which the defendant  | 
      
      
        | 
           
			 | 
        in fact signed the contract; provided, however, that a violation of  | 
      
      
        | 
           
			 | 
        this subsection shall not occur where it is shown by the person  | 
      
      
        | 
           
			 | 
        filing such suit that the person neither knew or had reason to know  | 
      
      
        | 
           
			 | 
        that the county in which such suit was filed was neither the county  | 
      
      
        | 
           
			 | 
        in which the defendant resides at the commencement of the suit nor  | 
      
      
        | 
           
			 | 
        the county in which the defendant in fact signed the contract; | 
      
      
        | 
           
			 | 
                     (24)  failing to disclose information concerning goods  | 
      
      
        | 
           
			 | 
        or services which was known at the time of the transaction if such  | 
      
      
        | 
           
			 | 
        failure to disclose such information was intended to induce the  | 
      
      
        | 
           
			 | 
        consumer into a transaction into which the consumer would not have  | 
      
      
        | 
           
			 | 
        entered had the information been disclosed; | 
      
      
        | 
           
			 | 
                     (25)  using the term "corporation," "incorporated," or  | 
      
      
        | 
           
			 | 
        an abbreviation of either of those terms in the name of a business  | 
      
      
        | 
           
			 | 
        entity that is not incorporated under the laws of this state or  | 
      
      
        | 
           
			 | 
        another jurisdiction; | 
      
      
        | 
           
			 | 
                     (26)  selling, offering to sell, or illegally promoting  | 
      
      
        | 
           
			 | 
        an annuity contract under Chapter 22, Acts of the 57th Legislature,  | 
      
      
        | 
           
			 | 
        3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil  | 
      
      
        | 
           
			 | 
        Statutes), with the intent that the annuity contract will be the  | 
      
      
        | 
           
			 | 
        subject of a salary reduction agreement, as defined by that Act, if  | 
      
      
        | 
           
			 | 
        the annuity contract is not an eligible qualified investment under  | 
      
      
        | 
           
			 | 
        that Act or is not registered with the Teacher Retirement System of  | 
      
      
        | 
           
			 | 
        Texas as required by Section 8A of that Act; | 
      
      
        | 
           
			 | 
                     (27)  taking advantage of a disaster declared by the  | 
      
      
        | 
           
			 | 
        governor under Chapter 418, Government Code, by: | 
      
      
        | 
           
			 | 
                           (A)  selling or leasing fuel, food, medicine, or  | 
      
      
        | 
           
			 | 
        another necessity at an exorbitant or excessive price; or | 
      
      
        | 
           
			 | 
                           (B)  demanding an exorbitant or excessive price in  | 
      
      
        | 
           
			 | 
        connection with the sale or lease of fuel, food, medicine, or  | 
      
      
        | 
           
			 | 
        another necessity; | 
      
      
        | 
           
			 | 
                     (28)  using the translation into a foreign language of  | 
      
      
        | 
           
			 | 
        a title or other word, including "attorney," "immigration  | 
      
      
        | 
           
			 | 
        consultant," "immigration expert," "lawyer," "licensed," "notary,"  | 
      
      
        | 
           
			 | 
        and "notary public," in any written or electronic material,  | 
      
      
        | 
           
			 | 
        including an advertisement, a business card, a letterhead,  | 
      
      
        | 
           
			 | 
        stationery, a website, or an online video, in reference to a person  | 
      
      
        | 
           
			 | 
        who is not an attorney in order to imply that the person is  | 
      
      
        | 
           
			 | 
        authorized to practice law in the United States; | 
      
      
        | 
           
			 | 
                     (29)  delivering or distributing a solicitation in  | 
      
      
        | 
           
			 | 
        connection with a good or service that: | 
      
      
        | 
           
			 | 
                           (A)  represents that the solicitation is sent on  | 
      
      
        | 
           
			 | 
        behalf of a governmental entity when it is not; or | 
      
      
        | 
           
			 | 
                           (B)  resembles a governmental notice or form that  | 
      
      
        | 
           
			 | 
        represents or implies that a criminal penalty may be imposed if the  | 
      
      
        | 
           
			 | 
        recipient does not remit payment for the good or service; | 
      
      
        | 
           
			 | 
                     (30)  delivering or distributing a solicitation in  | 
      
      
        | 
           
			 | 
        connection with a good or service that resembles a check or other  | 
      
      
        | 
           
			 | 
        negotiable instrument or invoice, unless the portion of the  | 
      
      
        | 
           
			 | 
        solicitation that resembles a check or other negotiable instrument  | 
      
      
        | 
           
			 | 
        or invoice includes the following notice, clearly and conspicuously  | 
      
      
        | 
           
			 | 
        printed in at least 18-point type: | 
      
      
        | 
           
			 | 
               "SPECIMEN-NON-NEGOTIABLE"; | 
      
      
        | 
           
			 | 
                     (31)  in the production, sale, distribution, or  | 
      
      
        | 
           
			 | 
        promotion of a synthetic substance that produces and is intended to  | 
      
      
        | 
           
			 | 
        produce an effect when consumed or ingested similar to, or in excess  | 
      
      
        | 
           
			 | 
        of, the effect of a controlled substance or controlled substance  | 
      
      
        | 
           
			 | 
        analogue, as those terms are defined by Section 481.002, Health and  | 
      
      
        | 
           
			 | 
        Safety Code: | 
      
      
        | 
           
			 | 
                           (A)  making a deceptive representation or  | 
      
      
        | 
           
			 | 
        designation about the synthetic substance; or | 
      
      
        | 
           
			 | 
                           (B)  causing confusion or misunderstanding as to  | 
      
      
        | 
           
			 | 
        the effects the synthetic substance causes when consumed or  | 
      
      
        | 
           
			 | 
        ingested; | 
      
      
        | 
           
			 | 
                     (32)  a licensed public insurance adjuster directly or  | 
      
      
        | 
           
			 | 
        indirectly soliciting employment, as defined by Section 38.01,  | 
      
      
        | 
           
			 | 
        Penal Code, for an attorney, or a licensed public insurance  | 
      
      
        | 
           
			 | 
        adjuster entering into a contract with an insured for the primary  | 
      
      
        | 
           
			 | 
        purpose of referring the insured to an attorney without the intent  | 
      
      
        | 
           
			 | 
        to actually perform the services customarily provided by a licensed  | 
      
      
        | 
           
			 | 
        public insurance adjuster, provided that this subdivision may not  | 
      
      
        | 
           
			 | 
        be construed to prohibit a licensed public insurance adjuster from  | 
      
      
        | 
           
			 | 
        recommending a particular attorney to an insured; [or] | 
      
      
        | 
           
			 | 
                     (33)  owning, operating, maintaining, or advertising a  | 
      
      
        | 
           
			 | 
        massage establishment, as defined by Section 455.001, Occupations  | 
      
      
        | 
           
			 | 
        Code, that: | 
      
      
        | 
           
			 | 
                           (A)  is not appropriately licensed under Chapter  | 
      
      
        | 
           
			 | 
        455, Occupations Code, or is not in compliance with the applicable  | 
      
      
        | 
           
			 | 
        licensing and other requirements of that chapter; or | 
      
      
        | 
           
			 | 
                           (B)  is not in compliance with an applicable local  | 
      
      
        | 
           
			 | 
        ordinance relating to the licensing or regulation of massage  | 
      
      
        | 
           
			 | 
        establishments; or  | 
      
      
        | 
           
			 | 
                     (34) [(33)]  a warrantor of a vehicle protection  | 
      
      
        | 
           
			 | 
        product warranty using, in connection with the product, a name that  | 
      
      
        | 
           
			 | 
        includes "casualty," "surety," "insurance," "mutual," or any other  | 
      
      
        | 
           
			 | 
        word descriptive of an insurance business, including property or  | 
      
      
        | 
           
			 | 
        casualty insurance, or a surety business. | 
      
      
        | 
           
			 | 
        ARTICLE 4.  CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE | 
      
      
        | 
           
			 | 
               SECTION 4.001.  Article 5.07, Code of Criminal Procedure, is  | 
      
      
        | 
           
			 | 
        transferred to Chapter 13, Code of Criminal Procedure, and  | 
      
      
        | 
           
			 | 
        redesignated as Article 13.38, Code of Criminal Procedure. | 
      
      
        | 
           
			 | 
               SECTION 4.002.  Article 5.08, Code of Criminal Procedure, is  | 
      
      
        | 
           
			 | 
        amended to conform to the amendment of Article 42A.301, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure, by Chapter 109 (S.B. 1584), Acts of the 85th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2017, to read as follows: | 
      
      
        | 
           
			 | 
               Art. 5.08.  MEDIATION IN FAMILY VIOLENCE CASES.   | 
      
      
        | 
           
			 | 
        Notwithstanding Article 26.13(g) or 42A.301(b)(15) [42A.301(15)],  | 
      
      
        | 
           
			 | 
        in a criminal prosecution arising from family violence, as that  | 
      
      
        | 
           
			 | 
        term is defined by Section 71.004, Family Code, a court shall not  | 
      
      
        | 
           
			 | 
        refer or order the victim or the defendant involved to mediation,  | 
      
      
        | 
           
			 | 
        dispute resolution, arbitration, or other similar procedures. | 
      
      
        | 
           
			 | 
               SECTION 4.003.  Article 16.22(a), Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, as amended by Chapters 748 (S.B. 1326) and 950 (S.B.  | 
      
      
        | 
           
			 | 
        1849), Acts of the 85th Legislature, Regular Session, 2017, is  | 
      
      
        | 
           
			 | 
        reenacted to read as follows: | 
      
      
        | 
           
			 | 
               (a)(1)  Not later than 12 hours after the sheriff or  | 
      
      
        | 
           
			 | 
        municipal jailer having custody of a defendant for an offense  | 
      
      
        | 
           
			 | 
        punishable as a Class B misdemeanor or any higher category of  | 
      
      
        | 
           
			 | 
        offense receives credible information that may establish  | 
      
      
        | 
           
			 | 
        reasonable cause to believe that the defendant has a mental illness  | 
      
      
        | 
           
			 | 
        or is a person with an intellectual disability, the sheriff or  | 
      
      
        | 
           
			 | 
        municipal jailer shall provide written or electronic notice to the  | 
      
      
        | 
           
			 | 
        magistrate.  The notice must include any information related to the  | 
      
      
        | 
           
			 | 
        sheriff's or municipal jailer's determination, such as information  | 
      
      
        | 
           
			 | 
        regarding the defendant's behavior immediately before, during, and  | 
      
      
        | 
           
			 | 
        after the defendant's arrest and, if applicable, the results of any  | 
      
      
        | 
           
			 | 
        previous assessment of the defendant.  On a determination that  | 
      
      
        | 
           
			 | 
        there is reasonable cause to believe that the defendant has a mental  | 
      
      
        | 
           
			 | 
        illness or is a person with an intellectual disability, the  | 
      
      
        | 
           
			 | 
        magistrate, except as provided by Subdivision (2), shall order the  | 
      
      
        | 
           
			 | 
        local mental health authority, local intellectual and  | 
      
      
        | 
           
			 | 
        developmental disability authority, or another qualified mental  | 
      
      
        | 
           
			 | 
        health or intellectual disability expert to: | 
      
      
        | 
           
			 | 
                           (A)  collect information regarding whether the  | 
      
      
        | 
           
			 | 
        defendant has a mental illness as defined by Section 571.003,  | 
      
      
        | 
           
			 | 
        Health and Safety Code, or is a person with an intellectual  | 
      
      
        | 
           
			 | 
        disability as defined by Section 591.003, Health and Safety Code,  | 
      
      
        | 
           
			 | 
        including, if applicable, information obtained from any previous  | 
      
      
        | 
           
			 | 
        assessment of the defendant and information regarding any  | 
      
      
        | 
           
			 | 
        previously recommended treatment; and | 
      
      
        | 
           
			 | 
                           (B)  provide to the magistrate a written  | 
      
      
        | 
           
			 | 
        assessment of the information collected under Paragraph (A) on the  | 
      
      
        | 
           
			 | 
        form approved by the Texas Correctional Office on Offenders with  | 
      
      
        | 
           
			 | 
        Medical or Mental Impairments under Section 614.0032(b), Health and  | 
      
      
        | 
           
			 | 
        Safety Code. | 
      
      
        | 
           
			 | 
                     (2)  The magistrate is not required to order the  | 
      
      
        | 
           
			 | 
        collection of information under Subdivision (1) if the defendant in  | 
      
      
        | 
           
			 | 
        the year preceding the defendant's applicable date of arrest has  | 
      
      
        | 
           
			 | 
        been determined to have a mental illness or to be a person with an  | 
      
      
        | 
           
			 | 
        intellectual disability by the local mental health authority, local  | 
      
      
        | 
           
			 | 
        intellectual and developmental disability authority, or another  | 
      
      
        | 
           
			 | 
        mental health or intellectual disability expert described by  | 
      
      
        | 
           
			 | 
        Subdivision (1).  A court that elects to use the results of that  | 
      
      
        | 
           
			 | 
        previous determination may proceed under Subsection (c). | 
      
      
        | 
           
			 | 
                     (3)  If the defendant fails or refuses to submit to the  | 
      
      
        | 
           
			 | 
        collection of information regarding the defendant as required under  | 
      
      
        | 
           
			 | 
        Subdivision (1), the magistrate may order the defendant to submit  | 
      
      
        | 
           
			 | 
        to an examination in a jail or in another place determined to be  | 
      
      
        | 
           
			 | 
        appropriate by the local mental health authority or local  | 
      
      
        | 
           
			 | 
        intellectual and developmental disability authority for a  | 
      
      
        | 
           
			 | 
        reasonable period not to exceed 72 hours.  If applicable, the county  | 
      
      
        | 
           
			 | 
        in which the committing court is located shall reimburse the local  | 
      
      
        | 
           
			 | 
        mental health authority or local intellectual and developmental  | 
      
      
        | 
           
			 | 
        disability authority for the mileage and per diem expenses of the  | 
      
      
        | 
           
			 | 
        personnel required to transport the defendant, calculated in  | 
      
      
        | 
           
			 | 
        accordance with the state travel regulations in effect at the time. | 
      
      
        | 
           
			 | 
               SECTION 4.004.  Articles 18.01(c), (d), (e), (g), (h), and  | 
      
      
        | 
           
			 | 
        (j), Code of Criminal Procedure, are amended to correct references  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               (c)  A search warrant may not be issued under Article  | 
      
      
        | 
           
			 | 
        18.02(a)(10) [18.02(10)] unless the sworn affidavit required by  | 
      
      
        | 
           
			 | 
        Subsection (b) sets forth sufficient facts to establish probable  | 
      
      
        | 
           
			 | 
        cause: (1) that a specific offense has been committed, (2) that the  | 
      
      
        | 
           
			 | 
        specifically described property or items that are to be searched  | 
      
      
        | 
           
			 | 
        for or seized constitute evidence of that offense or evidence that a  | 
      
      
        | 
           
			 | 
        particular person committed that offense, and (3) that the property  | 
      
      
        | 
           
			 | 
        or items constituting evidence to be searched for or seized are  | 
      
      
        | 
           
			 | 
        located at or on the particular person, place, or thing to be  | 
      
      
        | 
           
			 | 
        searched.  Except as provided by Subsections (d), (i), and (j), only  | 
      
      
        | 
           
			 | 
        a judge of a municipal court of record or a county court who is an  | 
      
      
        | 
           
			 | 
        attorney licensed by the State of Texas, a statutory county court  | 
      
      
        | 
           
			 | 
        judge, a district court judge, a judge of the Court of Criminal  | 
      
      
        | 
           
			 | 
        Appeals, including the presiding judge, a justice of the Supreme  | 
      
      
        | 
           
			 | 
        Court of Texas, including the chief justice, or a magistrate with  | 
      
      
        | 
           
			 | 
        jurisdiction over criminal cases serving a district court may issue  | 
      
      
        | 
           
			 | 
        warrants under Article 18.02(a)(10) [18.02(10)]. | 
      
      
        | 
           
			 | 
               (d)  Only the specifically described property or items set  | 
      
      
        | 
           
			 | 
        forth in a search warrant issued under [Subdivision (10) of]  | 
      
      
        | 
           
			 | 
        Article 18.02(a)(10) [18.02 of this code] or property, items or  | 
      
      
        | 
           
			 | 
        contraband enumerated in [Subdivisions (1) through (9) or in 
         | 
      
      
        | 
           
			 | 
        
          Subdivision (12) of] Article 18.02(a)(1), (2), (3), (4), (5), (6),  | 
      
      
        | 
           
			 | 
        (7), (8), (9), or (12) [18.02 of this code] may be seized.  A  | 
      
      
        | 
           
			 | 
        subsequent search warrant may be issued pursuant to [Subdivision 
         | 
      
      
        | 
           
			 | 
        
          (10) of] Article 18.02(a)(10) [18.02 of this code] to search the  | 
      
      
        | 
           
			 | 
        same person, place, or thing subjected to a prior search under  | 
      
      
        | 
           
			 | 
        [Subdivision (10) of] Article 18.02(a)(10) [18.02 of this code]  | 
      
      
        | 
           
			 | 
        only if the subsequent search warrant is issued by a judge of a  | 
      
      
        | 
           
			 | 
        district court, a court of appeals, the court of criminal appeals,  | 
      
      
        | 
           
			 | 
        or the supreme court. | 
      
      
        | 
           
			 | 
               (e)  A search warrant may not be issued under [Subdivision 
         | 
      
      
        | 
           
			 | 
        
          (10) of] Article 18.02(a)(10) [18.02 of this code] to search for and  | 
      
      
        | 
           
			 | 
        seize property or items that are not described in Article  | 
      
      
        | 
           
			 | 
        18.02(a)(1), (2), (3), (4), (5), (6), (7), (8), or [Subdivisions 
         | 
      
      
        | 
           
			 | 
        
          (1) through] (9) [of that article] and that are located in an office  | 
      
      
        | 
           
			 | 
        of a newspaper, news magazine, television station, or radio  | 
      
      
        | 
           
			 | 
        station, and in no event may property or items not described in  | 
      
      
        | 
           
			 | 
        Article 18.02(a)(1), (2), (3), (4), (5), (6), (7), (8), or  | 
      
      
        | 
           
			 | 
        [Subdivisions (1) through] (9) [of that article] be legally seized  | 
      
      
        | 
           
			 | 
        in any search pursuant to a search warrant of an office of a  | 
      
      
        | 
           
			 | 
        newspaper, news magazine, television station, or radio station. | 
      
      
        | 
           
			 | 
               (g)  A search warrant may not be issued under [Subdivision 
         | 
      
      
        | 
           
			 | 
        
          (12),] Article 18.02(a)(12) [18.02, of this code] unless the sworn  | 
      
      
        | 
           
			 | 
        affidavit required by Subsection (b) of this article sets forth  | 
      
      
        | 
           
			 | 
        sufficient facts to establish probable cause that a specific felony  | 
      
      
        | 
           
			 | 
        offense has been committed and that the specifically described  | 
      
      
        | 
           
			 | 
        property or items that are to be searched for or seized constitute  | 
      
      
        | 
           
			 | 
        contraband as defined in Article 59.01 of this code and are located  | 
      
      
        | 
           
			 | 
        at or on the particular person, place, or thing to be searched. | 
      
      
        | 
           
			 | 
               (h)  Except as provided by Subsection (i) of this article, a  | 
      
      
        | 
           
			 | 
        warrant under [Subdivision (12),] Article 18.02(a)(12) [18.02 of 
         | 
      
      
        | 
           
			 | 
        
          this code] may only be issued by: | 
      
      
        | 
           
			 | 
                     (1)  a judge of a municipal court of record who is an  | 
      
      
        | 
           
			 | 
        attorney licensed by the state; | 
      
      
        | 
           
			 | 
                     (2)  a judge of a county court who is an attorney  | 
      
      
        | 
           
			 | 
        licensed by the state; or | 
      
      
        | 
           
			 | 
                     (3)  a judge of a statutory county court, district  | 
      
      
        | 
           
			 | 
        court, the court of criminal appeals, or the supreme court. | 
      
      
        | 
           
			 | 
               (j)  Any magistrate who is an attorney licensed by this state  | 
      
      
        | 
           
			 | 
        may issue a search warrant under Article 18.02(a)(10) [18.02(10)]  | 
      
      
        | 
           
			 | 
        to collect a blood specimen from a person who: | 
      
      
        | 
           
			 | 
                     (1)  is arrested for an offense under Section 49.04,  | 
      
      
        | 
           
			 | 
        49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code; and | 
      
      
        | 
           
			 | 
                     (2)  refuses to submit to a breath or blood alcohol  | 
      
      
        | 
           
			 | 
        test. | 
      
      
        | 
           
			 | 
               SECTION 4.005.  Article 18.065(a), Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, is amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (a)  A warrant issued by the judge of a district court under  | 
      
      
        | 
           
			 | 
        Article 18.02(a)(10) [18.02(10)] to collect a DNA specimen from a  | 
      
      
        | 
           
			 | 
        person for the purpose of connecting that person to an offense may  | 
      
      
        | 
           
			 | 
        be executed in any county in this state. | 
      
      
        | 
           
			 | 
               SECTION 4.006.  Articles 42A.651(a) and (c), Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure, are amended to conform to the amendment of  | 
      
      
        | 
           
			 | 
        Article 42A.301, Code of Criminal Procedure, by Chapter 109 (S.B.  | 
      
      
        | 
           
			 | 
        1584), Acts of the 85th Legislature, Regular Session, 2017, to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               (a)  A judge may not order a defendant to make a payment as a  | 
      
      
        | 
           
			 | 
        term or condition of community supervision, except for: | 
      
      
        | 
           
			 | 
                     (1)  the payment of fines, court costs, or restitution  | 
      
      
        | 
           
			 | 
        to the victim; | 
      
      
        | 
           
			 | 
                     (2)  reimbursement of a county as described by Article  | 
      
      
        | 
           
			 | 
        42A.301(b)(11) [42A.301(11)]; or | 
      
      
        | 
           
			 | 
                     (3)  a payment ordered as a condition that relates  | 
      
      
        | 
           
			 | 
        personally to the rehabilitation of the defendant or that is  | 
      
      
        | 
           
			 | 
        otherwise expressly authorized by law. | 
      
      
        | 
           
			 | 
               (c)  A judge may not impose a condition of community  | 
      
      
        | 
           
			 | 
        supervision requiring a defendant to reimburse a county for the  | 
      
      
        | 
           
			 | 
        costs of legal services as described by Article 42A.301(b)(11)  | 
      
      
        | 
           
			 | 
        [42A.301(11)] if the defendant has already satisfied that  | 
      
      
        | 
           
			 | 
        obligation under Article 26.05(g). | 
      
      
        | 
           
			 | 
               SECTION 4.007.  Article 42A.751(i), Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, is amended to conform to the amendment of Article  | 
      
      
        | 
           
			 | 
        42A.301, Code of Criminal Procedure, by Chapter 109 (S.B. 1584),  | 
      
      
        | 
           
			 | 
        Acts of the 85th Legislature, Regular Session, 2017, to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (i)  In a revocation hearing at which it is alleged only that  | 
      
      
        | 
           
			 | 
        the defendant violated the conditions of community supervision by  | 
      
      
        | 
           
			 | 
        failing to pay community supervision fees or court costs or by  | 
      
      
        | 
           
			 | 
        failing to pay the costs of legal services as described by Article  | 
      
      
        | 
           
			 | 
        42A.301(b)(11) [42A.301(11)], the state must prove by a  | 
      
      
        | 
           
			 | 
        preponderance of the evidence that the defendant was able to pay and  | 
      
      
        | 
           
			 | 
        did not pay as ordered by the judge. | 
      
      
        | 
           
			 | 
               SECTION 4.008.  Article 42A.756, Code of Criminal Procedure,  | 
      
      
        | 
           
			 | 
        is amended to more accurately reflect the source law from which it  | 
      
      
        | 
           
			 | 
        was derived to read as follows: | 
      
      
        | 
           
			 | 
               Art. 42A.756.  DUE DILIGENCE DEFENSE.  For the purposes of a  | 
      
      
        | 
           
			 | 
        hearing under Article 42A.751(d), it is an affirmative defense to  | 
      
      
        | 
           
			 | 
        revocation for an alleged violation based on a failure to report to  | 
      
      
        | 
           
			 | 
        a supervision officer as directed or to remain within a specified  | 
      
      
        | 
           
			 | 
        place that no supervision officer, peace officer, or other officer  | 
      
      
        | 
           
			 | 
        with the power of arrest under a warrant issued by a judge for that  | 
      
      
        | 
           
			 | 
        alleged violation contacted or attempted to contact the defendant  | 
      
      
        | 
           
			 | 
        in person at the defendant's last known residence address or last  | 
      
      
        | 
           
			 | 
        known employment address, as reflected in the files of the  | 
      
      
        | 
           
			 | 
        department serving the county in which the order of [deferred 
         | 
      
      
        | 
           
			 | 
        
          adjudication] community supervision was entered. | 
      
      
        | 
           
			 | 
               SECTION 4.009.  Article 42A.757(a), Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, is amended to more accurately reflect the source law  | 
      
      
        | 
           
			 | 
        from which it was derived to read as follows: | 
      
      
        | 
           
			 | 
               (a)  If a defendant is placed on [deferred adjudication]  | 
      
      
        | 
           
			 | 
        community supervision after receiving a grant of deferred  | 
      
      
        | 
           
			 | 
        adjudication community supervision for or being convicted of an  | 
      
      
        | 
           
			 | 
        offense under Section 21.11, 22.011, or 22.021, Penal Code, at any  | 
      
      
        | 
           
			 | 
        time during the period of community supervision, the judge may  | 
      
      
        | 
           
			 | 
        extend the period of community supervision as provided by this  | 
      
      
        | 
           
			 | 
        article. | 
      
      
        | 
           
			 | 
               SECTION 4.010.  Article 43.09(h), Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, as amended by Chapters 977 (H.B. 351) and 1127 (S.B.  | 
      
      
        | 
           
			 | 
        1913), Acts of the 85th Legislature, Regular Session, 2017, is  | 
      
      
        | 
           
			 | 
        reenacted to read as follows: | 
      
      
        | 
           
			 | 
               (h)  The court may order the defendant to perform community  | 
      
      
        | 
           
			 | 
        service under Subsection (f): | 
      
      
        | 
           
			 | 
                     (1)  by attending: | 
      
      
        | 
           
			 | 
                           (A)  a work and job skills training program; | 
      
      
        | 
           
			 | 
                           (B)  a preparatory class for the high school  | 
      
      
        | 
           
			 | 
        equivalency examination administered under Section 7.111,  | 
      
      
        | 
           
			 | 
        Education Code; | 
      
      
        | 
           
			 | 
                           (C)  an alcohol or drug abuse program; | 
      
      
        | 
           
			 | 
                           (D)  a rehabilitation program; | 
      
      
        | 
           
			 | 
                           (E)  a counseling program, including a  | 
      
      
        | 
           
			 | 
        self-improvement program; | 
      
      
        | 
           
			 | 
                           (F)  a mentoring program; or | 
      
      
        | 
           
			 | 
                           (G)  any similar activity; or | 
      
      
        | 
           
			 | 
                     (2)  for: | 
      
      
        | 
           
			 | 
                           (A)  a governmental entity; | 
      
      
        | 
           
			 | 
                           (B)  a nonprofit organization or another  | 
      
      
        | 
           
			 | 
        organization that provides services to the general public that  | 
      
      
        | 
           
			 | 
        enhance social welfare and the general well-being of the community,  | 
      
      
        | 
           
			 | 
        as determined by the court; or | 
      
      
        | 
           
			 | 
                           (C)  an educational institution. | 
      
      
        | 
           
			 | 
               SECTION 4.011.  Article 45.049(c), Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, as amended by Chapters 977 (H.B. 351) and 1127 (S.B.  | 
      
      
        | 
           
			 | 
        1913), Acts of the 85th Legislature, Regular Session, 2017, is  | 
      
      
        | 
           
			 | 
        reenacted to read as follows: | 
      
      
        | 
           
			 | 
               (c)  The justice or judge may order the defendant to perform  | 
      
      
        | 
           
			 | 
        community service under this article: | 
      
      
        | 
           
			 | 
                     (1)  by attending: | 
      
      
        | 
           
			 | 
                           (A)  a work and job skills training program; | 
      
      
        | 
           
			 | 
                           (B)  a preparatory class for the high school  | 
      
      
        | 
           
			 | 
        equivalency examination administered under Section 7.111,  | 
      
      
        | 
           
			 | 
        Education Code; | 
      
      
        | 
           
			 | 
                           (C)  an alcohol or drug abuse program; | 
      
      
        | 
           
			 | 
                           (D)  a rehabilitation program; | 
      
      
        | 
           
			 | 
                           (E)  a counseling program, including a  | 
      
      
        | 
           
			 | 
        self-improvement program; | 
      
      
        | 
           
			 | 
                           (F)  a mentoring program; or | 
      
      
        | 
           
			 | 
                           (G)  any similar activity; or | 
      
      
        | 
           
			 | 
                     (2)  for: | 
      
      
        | 
           
			 | 
                           (A)  a governmental entity; | 
      
      
        | 
           
			 | 
                           (B)  a nonprofit organization or another  | 
      
      
        | 
           
			 | 
        organization that provides services to the general public that  | 
      
      
        | 
           
			 | 
        enhance social welfare and the general well-being of the community,  | 
      
      
        | 
           
			 | 
        as determined by the justice or judge; or | 
      
      
        | 
           
			 | 
                           (C)  an educational institution. | 
      
      
        | 
           
			 | 
               SECTION 4.012.  (a)  Article 45.0492(d), Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, and as amended by Chapters 977  | 
      
      
        | 
           
			 | 
        (H.B. 351) and 1127 (S.B. 1913), Acts of the 85th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2017, is reenacted to read as follows: | 
      
      
        | 
           
			 | 
               (d)  The justice or judge may order the defendant to perform  | 
      
      
        | 
           
			 | 
        community service under this article: | 
      
      
        | 
           
			 | 
                     (1)  by attending: | 
      
      
        | 
           
			 | 
                           (A)  a work and job skills training program; | 
      
      
        | 
           
			 | 
                           (B)  a preparatory class for the high school  | 
      
      
        | 
           
			 | 
        equivalency examination administered under Section 7.111,  | 
      
      
        | 
           
			 | 
        Education Code; | 
      
      
        | 
           
			 | 
                           (C)  an alcohol or drug abuse program; | 
      
      
        | 
           
			 | 
                           (D)  a rehabilitation program; | 
      
      
        | 
           
			 | 
                           (E)  a counseling program, including a  | 
      
      
        | 
           
			 | 
        self-improvement program; | 
      
      
        | 
           
			 | 
                           (F)  a mentoring program; | 
      
      
        | 
           
			 | 
                           (G)  a tutoring program; or | 
      
      
        | 
           
			 | 
                           (H)  any similar activity; or | 
      
      
        | 
           
			 | 
                     (2)  for: | 
      
      
        | 
           
			 | 
                           (A)  a governmental entity; | 
      
      
        | 
           
			 | 
                           (B)  a nonprofit organization or another  | 
      
      
        | 
           
			 | 
        organization that provides services to the general public that  | 
      
      
        | 
           
			 | 
        enhance social welfare and the general well-being of the community,  | 
      
      
        | 
           
			 | 
        as determined by the justice or judge; or | 
      
      
        | 
           
			 | 
                           (C)  an educational institution. | 
      
      
        | 
           
			 | 
               (b)  Article 45.0492(d), Code of Criminal Procedure, as  | 
      
      
        | 
           
			 | 
        added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2011, and as amended by Chapters 977 (H.B. 351)  | 
      
      
        | 
           
			 | 
        and 1127 (S.B. 1913), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is reenacted to read as follows: | 
      
      
        | 
           
			 | 
               (d)  The justice or judge may order the defendant to perform  | 
      
      
        | 
           
			 | 
        community service under this article: | 
      
      
        | 
           
			 | 
                     (1)  by attending: | 
      
      
        | 
           
			 | 
                           (A)  a work and job skills training program; | 
      
      
        | 
           
			 | 
                           (B)  a preparatory class for the high school  | 
      
      
        | 
           
			 | 
        equivalency examination administered under Section 7.111,  | 
      
      
        | 
           
			 | 
        Education Code; | 
      
      
        | 
           
			 | 
                           (C)  an alcohol or drug abuse program; | 
      
      
        | 
           
			 | 
                           (D)  a rehabilitation program; | 
      
      
        | 
           
			 | 
                           (E)  a counseling program, including a  | 
      
      
        | 
           
			 | 
        self-improvement program; | 
      
      
        | 
           
			 | 
                           (F)  a mentoring program; or | 
      
      
        | 
           
			 | 
                           (G)  any similar activity; or | 
      
      
        | 
           
			 | 
                     (2)  for: | 
      
      
        | 
           
			 | 
                           (A)  a governmental entity; | 
      
      
        | 
           
			 | 
                           (B)  a nonprofit organization or another  | 
      
      
        | 
           
			 | 
        organization that provides services to the general public that  | 
      
      
        | 
           
			 | 
        enhance social welfare and the general well-being of the community,  | 
      
      
        | 
           
			 | 
        as determined by the justice or judge; or | 
      
      
        | 
           
			 | 
                           (C)  an educational institution. | 
      
      
        | 
           
			 | 
               SECTION 4.013.  The heading to Chapter 46, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, is amended to read as follows: | 
      
      
        | 
           
			 | 
        CHAPTER 46. MISCELLANEOUS PROVISIONS RELATING TO MENTAL ILLNESS AND  | 
      
      
        | 
           
			 | 
        INTELLECTUAL DISABILITY [INSANITY AS DEFENSE] | 
      
      
        | 
           
			 | 
               SECTION 4.014.  Chapter 46A, Code of Criminal Procedure, is  | 
      
      
        | 
           
			 | 
        transferred to Chapter 361, Local Government Code, redesignated as  | 
      
      
        | 
           
			 | 
        Subchapter Z, Chapter 361, Local Government Code, and amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
        SUBCHAPTER Z.  MISCELLANEOUS PROVISIONS | 
      
      
        | 
           
			 | 
        [CHAPTER 46A. AIDS AND HIV TESTING IN COUNTY AND MUNICIPAL JAILS] | 
      
      
        | 
           
			 | 
               Sec. 361.901  [Art. 46A.01]. AIDS AND HIV TESTING IN COUNTY  | 
      
      
        | 
           
			 | 
        AND MUNICIPAL JAILS;  SEGREGATION[;  DISCLOSURE].  (a)  In this  | 
      
      
        | 
           
			 | 
        section, [article] "AIDS" and "HIV" have the meanings assigned  | 
      
      
        | 
           
			 | 
        [those terms] by Section 81.101, Health and Safety Code. | 
      
      
        | 
           
			 | 
               (b)  A county or municipality may test an inmate confined in  | 
      
      
        | 
           
			 | 
        the county or municipal jail or in a contract facility authorized by  | 
      
      
        | 
           
			 | 
        Subchapter F, Chapter 351, or Subchapter E of this chapter [Article 
         | 
      
      
        | 
           
			 | 
        
          5115d, Revised Statutes, or Article 5115e, Revised Statutes,] to  | 
      
      
        | 
           
			 | 
        determine the proper medical treatment of the inmate or the proper  | 
      
      
        | 
           
			 | 
        social management of the inmate or other inmates in the jail or  | 
      
      
        | 
           
			 | 
        facility. | 
      
      
        | 
           
			 | 
               (c)  If the county or municipality determines that an inmate  | 
      
      
        | 
           
			 | 
        has a positive test result for AIDS or HIV, the county or  | 
      
      
        | 
           
			 | 
        municipality may segregate the inmate from other inmates in the  | 
      
      
        | 
           
			 | 
        jail or facility. | 
      
      
        | 
           
			 | 
               (d)  This section [article] does not provide a duty to test  | 
      
      
        | 
           
			 | 
        for AIDS or HIV, and a cause of action does not arise under this  | 
      
      
        | 
           
			 | 
        section [article] from a failure to test for AIDS or HIV. | 
      
      
        | 
           
			 | 
               SECTION 4.015.  Article 62.053(a), Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, as amended by Chapters 329 (H.B. 355) and 924 (S.B.  | 
      
      
        | 
           
			 | 
        1553), Acts of the 85th Legislature, Regular Session, 2017, is  | 
      
      
        | 
           
			 | 
        reenacted and amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Before a person who will be subject to registration  | 
      
      
        | 
           
			 | 
        under this chapter is due to be released from a penal institution,  | 
      
      
        | 
           
			 | 
        the Texas Department of Criminal Justice or the Texas Juvenile  | 
      
      
        | 
           
			 | 
        Justice Department shall determine the person's level of risk to  | 
      
      
        | 
           
			 | 
        the community using the sex offender screening tool developed or  | 
      
      
        | 
           
			 | 
        selected under Article 62.007 and assign to the person a numeric  | 
      
      
        | 
           
			 | 
        risk level of one, two, or three.  Before releasing the person, an  | 
      
      
        | 
           
			 | 
        official of the penal institution shall: | 
      
      
        | 
           
			 | 
                     (1)  inform the person that: | 
      
      
        | 
           
			 | 
                           (A)  not later than the later of the seventh day  | 
      
      
        | 
           
			 | 
        after the date on which the person is released or after the date on  | 
      
      
        | 
           
			 | 
        which the person moves from a previous residence to a new residence  | 
      
      
        | 
           
			 | 
        in this state or not later than the first date the applicable local  | 
      
      
        | 
           
			 | 
        law enforcement authority by policy allows the person to register  | 
      
      
        | 
           
			 | 
        or verify registration, the person must register or verify  | 
      
      
        | 
           
			 | 
        registration with the local law enforcement authority in the  | 
      
      
        | 
           
			 | 
        municipality or county in which the person intends to reside; | 
      
      
        | 
           
			 | 
                           (B)  not later than the seventh day after the date  | 
      
      
        | 
           
			 | 
        on which the person is released or the date on which the person  | 
      
      
        | 
           
			 | 
        moves from a previous residence to a new residence in this state,  | 
      
      
        | 
           
			 | 
        the person must, if the person has not moved to an intended  | 
      
      
        | 
           
			 | 
        residence, report to the applicable entity or entities as required  | 
      
      
        | 
           
			 | 
        by Article 62.051(h) or (j) or 62.055(e); | 
      
      
        | 
           
			 | 
                           (C)  not later than the seventh day before the  | 
      
      
        | 
           
			 | 
        date on which the person moves to a new residence in this state or  | 
      
      
        | 
           
			 | 
        another state, the person must report in person to the local law  | 
      
      
        | 
           
			 | 
        enforcement authority designated as the person's primary  | 
      
      
        | 
           
			 | 
        registration authority by the department and to the juvenile  | 
      
      
        | 
           
			 | 
        probation officer, community supervision and corrections  | 
      
      
        | 
           
			 | 
        department officer, or parole officer supervising the person; | 
      
      
        | 
           
			 | 
                           (D)  not later than the 10th day after the date on  | 
      
      
        | 
           
			 | 
        which the person arrives in another state in which the person  | 
      
      
        | 
           
			 | 
        intends to reside, the person must register with the law  | 
      
      
        | 
           
			 | 
        enforcement agency that is identified by the department as the  | 
      
      
        | 
           
			 | 
        agency designated by that state to receive registration  | 
      
      
        | 
           
			 | 
        information, if the other state has a registration requirement for  | 
      
      
        | 
           
			 | 
        sex offenders; | 
      
      
        | 
           
			 | 
                           (E)  not later than the 30th day after the date on  | 
      
      
        | 
           
			 | 
        which the person is released, the person must apply to the  | 
      
      
        | 
           
			 | 
        department in person for the issuance of an original or renewal  | 
      
      
        | 
           
			 | 
        driver's license or personal identification certificate and a  | 
      
      
        | 
           
			 | 
        failure to apply to the department as required by this paragraph  | 
      
      
        | 
           
			 | 
        results in the automatic revocation of any driver's license or  | 
      
      
        | 
           
			 | 
        personal identification certificate issued by the department to the  | 
      
      
        | 
           
			 | 
        person; | 
      
      
        | 
           
			 | 
                           (F)  the person must notify appropriate entities  | 
      
      
        | 
           
			 | 
        of any change in status as described by Article 62.057; | 
      
      
        | 
           
			 | 
                           (G)  certain types of employment are prohibited  | 
      
      
        | 
           
			 | 
        under Article 62.063 for a person with a reportable conviction or  | 
      
      
        | 
           
			 | 
        adjudication for a sexually violent offense involving a victim  | 
      
      
        | 
           
			 | 
        younger than 14 years of age and occurring on or after September 1,  | 
      
      
        | 
           
			 | 
        2013; [and] | 
      
      
        | 
           
			 | 
                           (H)  certain locations of residence are  | 
      
      
        | 
           
			 | 
        prohibited under Article 62.064 for a person with a reportable  | 
      
      
        | 
           
			 | 
        conviction or adjudication for an offense occurring on or after  | 
      
      
        | 
           
			 | 
        September 1, 2017, except as otherwise provided by that article;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                           (I) [(H)]  if the person enters the premises of a  | 
      
      
        | 
           
			 | 
        school as described by Article 62.065 [62.064] and is subject to the  | 
      
      
        | 
           
			 | 
        requirements of that article, the person must immediately notify  | 
      
      
        | 
           
			 | 
        the administrative office of the school of the person's presence  | 
      
      
        | 
           
			 | 
        and the person's registration status under this chapter; | 
      
      
        | 
           
			 | 
                     (2)  require the person to sign a written statement  | 
      
      
        | 
           
			 | 
        that the person was informed of the person's duties as described by  | 
      
      
        | 
           
			 | 
        Subdivision (1) or Subsection (g) or, if the person refuses to sign  | 
      
      
        | 
           
			 | 
        the statement, certify that the person was so informed; | 
      
      
        | 
           
			 | 
                     (3)  obtain the address or, if applicable, a detailed  | 
      
      
        | 
           
			 | 
        description of each geographical location where the person expects  | 
      
      
        | 
           
			 | 
        to reside on the person's release and other registration  | 
      
      
        | 
           
			 | 
        information, including a photograph and complete set of  | 
      
      
        | 
           
			 | 
        fingerprints; and | 
      
      
        | 
           
			 | 
                     (4)  complete the registration form for the person. | 
      
      
        | 
           
			 | 
               SECTION 4.016.  Subsection (g), Article 62.058, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure, as added by Chapter 924 (S.B. 1553), Acts of the  | 
      
      
        | 
           
			 | 
        85th Legislature, Regular Session, 2017, is redesignated as  | 
      
      
        | 
           
			 | 
        Subsection (h), Article 62.058, Code of Criminal Procedure, and  | 
      
      
        | 
           
			 | 
        amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (h) [(g)]  A local law enforcement authority who provides a  | 
      
      
        | 
           
			 | 
        person with a registration form for verification as required by  | 
      
      
        | 
           
			 | 
        this chapter shall include with the form a statement and, if  | 
      
      
        | 
           
			 | 
        applicable, a description of the person's duty to provide notice  | 
      
      
        | 
           
			 | 
        under Article 62.065 [62.064]. | 
      
      
        | 
           
			 | 
               SECTION 4.017.  Article 62.064, Code of Criminal Procedure,  | 
      
      
        | 
           
			 | 
        as added by Chapter 924 (S.B. 1553), Acts of the 85th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2017, is redesignated as Article 62.065, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure. | 
      
      
        | 
           
			 | 
        ARTICLE 5.  CHANGES RELATING TO EDUCATION CODE | 
      
      
        | 
           
			 | 
               SECTION 5.001.  Section 12.104(b), Education Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B.  | 
      
      
        | 
           
			 | 
        1153), Acts of the 85th Legislature, Regular Session, 2017, is  | 
      
      
        | 
           
			 | 
        reenacted and amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  An open-enrollment charter school is subject to: | 
      
      
        | 
           
			 | 
                     (1)  a provision of this title establishing a criminal  | 
      
      
        | 
           
			 | 
        offense; and | 
      
      
        | 
           
			 | 
                     (2)  a prohibition, restriction, or requirement, as  | 
      
      
        | 
           
			 | 
        applicable, imposed by this title or a rule adopted under this  | 
      
      
        | 
           
			 | 
        title, relating to: | 
      
      
        | 
           
			 | 
                           (A)  the Public Education Information Management  | 
      
      
        | 
           
			 | 
        System (PEIMS) to the extent necessary to monitor compliance with  | 
      
      
        | 
           
			 | 
        this subchapter as determined by the commissioner; | 
      
      
        | 
           
			 | 
                           (B)  criminal history records under Subchapter C,  | 
      
      
        | 
           
			 | 
        Chapter 22; | 
      
      
        | 
           
			 | 
                           (C)  reading instruments and accelerated reading  | 
      
      
        | 
           
			 | 
        instruction programs under Section 28.006; | 
      
      
        | 
           
			 | 
                           (D)  accelerated instruction under Section  | 
      
      
        | 
           
			 | 
        28.0211; | 
      
      
        | 
           
			 | 
                           (E)  high school graduation requirements under  | 
      
      
        | 
           
			 | 
        Section 28.025; | 
      
      
        | 
           
			 | 
                           (F)  special education programs under Subchapter  | 
      
      
        | 
           
			 | 
        A, Chapter 29; | 
      
      
        | 
           
			 | 
                           (G)  bilingual education under Subchapter B,  | 
      
      
        | 
           
			 | 
        Chapter 29; | 
      
      
        | 
           
			 | 
                           (H)  prekindergarten programs under Subchapter E  | 
      
      
        | 
           
			 | 
        or E-1, Chapter 29; | 
      
      
        | 
           
			 | 
                           (I)  extracurricular activities under Section  | 
      
      
        | 
           
			 | 
        33.081; | 
      
      
        | 
           
			 | 
                           (J)  discipline management practices or behavior  | 
      
      
        | 
           
			 | 
        management techniques under Section 37.0021; | 
      
      
        | 
           
			 | 
                           (K)  health and safety under Chapter 38; | 
      
      
        | 
           
			 | 
                           (L)  public school accountability under  | 
      
      
        | 
           
			 | 
        Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A; | 
      
      
        | 
           
			 | 
                           (M)  the requirement under Section 21.006 to  | 
      
      
        | 
           
			 | 
        report an educator's misconduct; | 
      
      
        | 
           
			 | 
                           (N)  intensive programs of instruction under  | 
      
      
        | 
           
			 | 
        Section 28.0213; | 
      
      
        | 
           
			 | 
                           (O)  the right of a school employee to report a  | 
      
      
        | 
           
			 | 
        crime, as provided by Section 37.148; [and] | 
      
      
        | 
           
			 | 
                           (P)  bullying prevention policies and procedures  | 
      
      
        | 
           
			 | 
        under Section 37.0832; | 
      
      
        | 
           
			 | 
                           (Q)  the right of a school under Section 37.0052  | 
      
      
        | 
           
			 | 
        to place a student who has engaged in certain bullying behavior in a  | 
      
      
        | 
           
			 | 
        disciplinary alternative education program or to expel the student;  | 
      
      
        | 
           
			 | 
        [and] | 
      
      
        | 
           
			 | 
                           (R)  the right under Section 37.0151 to report to  | 
      
      
        | 
           
			 | 
        local law enforcement certain conduct constituting assault or  | 
      
      
        | 
           
			 | 
        harassment; and | 
      
      
        | 
           
			 | 
                           (S) [(P)]  a parent's right to information  | 
      
      
        | 
           
			 | 
        regarding the provision of assistance for learning difficulties to  | 
      
      
        | 
           
			 | 
        the parent's child as provided by Sections 26.004(b)(11) and  | 
      
      
        | 
           
			 | 
        26.0081(c) and (d). | 
      
      
        | 
           
			 | 
               SECTION 5.002.  Section 21.0489(d), Education Code, as added  | 
      
      
        | 
           
			 | 
        by Chapters 757 (S.B. 1839) and 837 (H.B. 2039), Acts of the 85th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2017, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (d)  The criteria for the course of instruction described by  | 
      
      
        | 
           
			 | 
        Subsection (c)(1)(A) shall be developed by the board in  | 
      
      
        | 
           
			 | 
        consultation with faculty members who provide instruction at  | 
      
      
        | 
           
			 | 
        institutions of higher education in educator preparation programs  | 
      
      
        | 
           
			 | 
        for an early childhood through grade six certificate. | 
      
      
        | 
           
			 | 
               SECTION 5.003.  Section 31.001, Education Code, as amended  | 
      
      
        | 
           
			 | 
        by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the 85th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2017, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               Sec. 31.001.  FREE INSTRUCTIONAL MATERIALS.  Instructional  | 
      
      
        | 
           
			 | 
        materials selected for use in the public schools shall be furnished  | 
      
      
        | 
           
			 | 
        without cost to the students attending those schools.  Except as  | 
      
      
        | 
           
			 | 
        provided by Section 31.104(d), a school district may not charge a  | 
      
      
        | 
           
			 | 
        student for instructional material or technological equipment  | 
      
      
        | 
           
			 | 
        purchased by the district with the district's instructional  | 
      
      
        | 
           
			 | 
        materials and technology allotment. | 
      
      
        | 
           
			 | 
               SECTION 5.004.  Section 31.005, Education Code, as amended  | 
      
      
        | 
           
			 | 
        by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the 85th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2017, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               Sec. 31.005.  FUNDING FOR OPEN-ENROLLMENT CHARTER SCHOOLS.   | 
      
      
        | 
           
			 | 
        An open-enrollment charter school is entitled to the instructional  | 
      
      
        | 
           
			 | 
        materials and technology allotment under this chapter and is  | 
      
      
        | 
           
			 | 
        subject to this chapter as if the school were a school district. | 
      
      
        | 
           
			 | 
               SECTION 5.005.  (a)  Section 31.021, Education Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the  | 
      
      
        | 
           
			 | 
        85th Legislature, Regular Session, 2017, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               Sec. 31.021.  STATE INSTRUCTIONAL MATERIALS AND TECHNOLOGY  | 
      
      
        | 
           
			 | 
        FUND.  (a)  The state instructional materials and technology fund  | 
      
      
        | 
           
			 | 
        consists of: | 
      
      
        | 
           
			 | 
                     (1)  an amount set aside by the State Board of Education  | 
      
      
        | 
           
			 | 
        from the available school fund, in accordance with Section  | 
      
      
        | 
           
			 | 
        43.001(d); and | 
      
      
        | 
           
			 | 
                     (2)  all amounts lawfully paid into the fund from any  | 
      
      
        | 
           
			 | 
        other source. | 
      
      
        | 
           
			 | 
               (c)  Money in the state instructional materials and  | 
      
      
        | 
           
			 | 
        technology fund shall be used to: | 
      
      
        | 
           
			 | 
                     (1)  fund the instructional materials and technology  | 
      
      
        | 
           
			 | 
        allotment, as provided by Section 31.0211; | 
      
      
        | 
           
			 | 
                     (2)  purchase special instructional materials for the  | 
      
      
        | 
           
			 | 
        education of blind and visually impaired students in public  | 
      
      
        | 
           
			 | 
        schools; | 
      
      
        | 
           
			 | 
                     (3)  pay the expenses associated with the instructional  | 
      
      
        | 
           
			 | 
        materials adoption and review process under this chapter; | 
      
      
        | 
           
			 | 
                     (4)  pay the expenses associated with the purchase or  | 
      
      
        | 
           
			 | 
        licensing of open education resource instructional material; | 
      
      
        | 
           
			 | 
                     (5)  pay the expenses associated with the purchase of  | 
      
      
        | 
           
			 | 
        instructional material, including intrastate freight and shipping  | 
      
      
        | 
           
			 | 
        and the insurance expenses associated with intrastate freight and  | 
      
      
        | 
           
			 | 
        shipping; | 
      
      
        | 
           
			 | 
                     (6)  fund the technology lending grant program  | 
      
      
        | 
           
			 | 
        established under Section 32.301; | 
      
      
        | 
           
			 | 
                     (7)  provide funding to the Texas School for the Blind  | 
      
      
        | 
           
			 | 
        and Visually Impaired, the Texas School for the Deaf, and the Texas  | 
      
      
        | 
           
			 | 
        Juvenile Justice Department; and | 
      
      
        | 
           
			 | 
                     (8)  pay the expenses associated with the instructional  | 
      
      
        | 
           
			 | 
        materials web portal developed under Section 31.081. | 
      
      
        | 
           
			 | 
               (d)  Money transferred to the state instructional materials  | 
      
      
        | 
           
			 | 
        and technology fund remains in the fund until spent and does not  | 
      
      
        | 
           
			 | 
        lapse to the state at the end of the fiscal year. | 
      
      
        | 
           
			 | 
               (b)  Section 32.302(a), Education Code, as added by Chapter  | 
      
      
        | 
           
			 | 
        705 (H.B. 3526), Acts of the 85th Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2017, is amended to conform to Section 4, Chapter 581 (S.B. 810),  | 
      
      
        | 
           
			 | 
        Acts of the 85th Legislature, Regular Session, 2017, to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (a)  The commissioner may use not more than $25 million from  | 
      
      
        | 
           
			 | 
        the state [technology and] instructional materials and technology  | 
      
      
        | 
           
			 | 
        fund under Section 31.021 each state fiscal biennium or a different  | 
      
      
        | 
           
			 | 
        amount determined by appropriation to administer a grant program  | 
      
      
        | 
           
			 | 
        established under this subchapter. | 
      
      
        | 
           
			 | 
               SECTION 5.006.  The heading to Section 31.0211, Education  | 
      
      
        | 
           
			 | 
        Code, as amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526),  | 
      
      
        | 
           
			 | 
        Acts of the 85th Legislature, Regular Session, 2017, is reenacted  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 31.0211.  INSTRUCTIONAL MATERIALS AND TECHNOLOGY  | 
      
      
        | 
           
			 | 
        ALLOTMENT. | 
      
      
        | 
           
			 | 
               SECTION 5.007.  Sections 31.0211(a) and (b), Education Code,  | 
      
      
        | 
           
			 | 
        as amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of  | 
      
      
        | 
           
			 | 
        the 85th Legislature, Regular Session, 2017, are reenacted to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               (a)  A school district is entitled to an allotment each  | 
      
      
        | 
           
			 | 
        biennium from the state instructional materials and technology fund  | 
      
      
        | 
           
			 | 
        for each student enrolled in the district on a date during the last  | 
      
      
        | 
           
			 | 
        year of the preceding biennium specified by the commissioner.  The  | 
      
      
        | 
           
			 | 
        commissioner shall determine the amount of the allotment per  | 
      
      
        | 
           
			 | 
        student each biennium on the basis of the amount of money available  | 
      
      
        | 
           
			 | 
        in the state instructional materials and technology fund to fund  | 
      
      
        | 
           
			 | 
        the allotment.  An allotment under this section shall be  | 
      
      
        | 
           
			 | 
        transferred from the state instructional materials and technology  | 
      
      
        | 
           
			 | 
        fund to the credit of the district's instructional materials and  | 
      
      
        | 
           
			 | 
        technology account as provided by Section 31.0212. | 
      
      
        | 
           
			 | 
               (b)  A juvenile justice alternative education program under  | 
      
      
        | 
           
			 | 
        Section 37.011 is entitled to an allotment from the state  | 
      
      
        | 
           
			 | 
        instructional materials and technology fund in an amount determined  | 
      
      
        | 
           
			 | 
        by the commissioner.  The program shall use the allotment to  | 
      
      
        | 
           
			 | 
        purchase items listed in Subsection (c) for students enrolled in  | 
      
      
        | 
           
			 | 
        the program.  The commissioner's determination under this  | 
      
      
        | 
           
			 | 
        subsection is final and may not be appealed. | 
      
      
        | 
           
			 | 
               SECTION 5.008.  The heading to Section 31.0212, Education  | 
      
      
        | 
           
			 | 
        Code, as amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526),  | 
      
      
        | 
           
			 | 
        Acts of the 85th Legislature, Regular Session, 2017, is reenacted  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 31.0212.  INSTRUCTIONAL MATERIALS AND TECHNOLOGY  | 
      
      
        | 
           
			 | 
        ACCOUNT. | 
      
      
        | 
           
			 | 
               SECTION 5.009.  Sections 31.0212(a), (b), (d), and (e),  | 
      
      
        | 
           
			 | 
        Education Code, as amended by Chapters 581 (S.B. 810) and 705 (H.B.  | 
      
      
        | 
           
			 | 
        3526), Acts of the 85th Legislature, Regular Session, 2017, are  | 
      
      
        | 
           
			 | 
        reenacted to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The commissioner shall maintain an instructional  | 
      
      
        | 
           
			 | 
        materials and technology account for each school district.  In the  | 
      
      
        | 
           
			 | 
        first year of each biennium, the commissioner shall deposit in the  | 
      
      
        | 
           
			 | 
        account for each district the amount of the district's  | 
      
      
        | 
           
			 | 
        instructional materials and technology allotment under Section  | 
      
      
        | 
           
			 | 
        31.0211. | 
      
      
        | 
           
			 | 
               (b)  The commissioner shall pay the cost of instructional  | 
      
      
        | 
           
			 | 
        materials requisitioned by a school district under Section 31.103  | 
      
      
        | 
           
			 | 
        using funds from the district's instructional materials and  | 
      
      
        | 
           
			 | 
        technology account. | 
      
      
        | 
           
			 | 
               (d)  Money deposited in a school district's instructional  | 
      
      
        | 
           
			 | 
        materials and technology account during each state fiscal biennium  | 
      
      
        | 
           
			 | 
        remains in the account and available for use by the district for the  | 
      
      
        | 
           
			 | 
        entire biennium.  At the end of each biennium, a district with  | 
      
      
        | 
           
			 | 
        unused money in the district's account may carry forward any  | 
      
      
        | 
           
			 | 
        remaining balance to the next biennium. | 
      
      
        | 
           
			 | 
               (e)  The commissioner shall adopt rules as necessary to  | 
      
      
        | 
           
			 | 
        implement this section.  The rules must include a requirement that a  | 
      
      
        | 
           
			 | 
        school district provide the title and publication information for  | 
      
      
        | 
           
			 | 
        any instructional materials requisitioned or purchased by the  | 
      
      
        | 
           
			 | 
        district with the district's instructional materials and  | 
      
      
        | 
           
			 | 
        technology allotment. | 
      
      
        | 
           
			 | 
               SECTION 5.010.  Section 31.0213, Education Code, as amended  | 
      
      
        | 
           
			 | 
        by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the 85th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2017, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               Sec. 31.0213.  CERTIFICATION OF USE OF INSTRUCTIONAL  | 
      
      
        | 
           
			 | 
        MATERIALS AND TECHNOLOGY ALLOTMENT.  Each school district shall  | 
      
      
        | 
           
			 | 
        annually certify to the commissioner that the district's  | 
      
      
        | 
           
			 | 
        instructional materials and technology allotment has been used only  | 
      
      
        | 
           
			 | 
        for expenses allowed by Section 31.0211. | 
      
      
        | 
           
			 | 
               SECTION 5.011.  Section 31.0214(a), Education Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the  | 
      
      
        | 
           
			 | 
        85th Legislature, Regular Session, 2017, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (a)  Each year the commissioner shall adjust the  | 
      
      
        | 
           
			 | 
        instructional materials and technology allotment of school  | 
      
      
        | 
           
			 | 
        districts experiencing high enrollment growth.  The commissioner  | 
      
      
        | 
           
			 | 
        shall establish a procedure for determining high enrollment growth  | 
      
      
        | 
           
			 | 
        districts eligible to receive an adjustment under this section and  | 
      
      
        | 
           
			 | 
        the amount of the instructional materials and technology allotment  | 
      
      
        | 
           
			 | 
        those districts will receive. | 
      
      
        | 
           
			 | 
               SECTION 5.012.  The heading to Section 31.0215, Education  | 
      
      
        | 
           
			 | 
        Code, as amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526),  | 
      
      
        | 
           
			 | 
        Acts of the 85th Legislature, Regular Session, 2017, is reenacted  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 31.0215.  INSTRUCTIONAL MATERIALS AND TECHNOLOGY  | 
      
      
        | 
           
			 | 
        ALLOTMENT PURCHASES. | 
      
      
        | 
           
			 | 
               SECTION 5.013.  Sections 31.0215(b) and (c), Education Code,  | 
      
      
        | 
           
			 | 
        as amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of  | 
      
      
        | 
           
			 | 
        the 85th Legislature, Regular Session, 2017, are reenacted to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               (b)  The commissioner may allow a school district or  | 
      
      
        | 
           
			 | 
        open-enrollment charter school to place an order for instructional  | 
      
      
        | 
           
			 | 
        materials before the beginning of a fiscal biennium and to receive  | 
      
      
        | 
           
			 | 
        instructional materials before payment.  The commissioner shall  | 
      
      
        | 
           
			 | 
        limit the cost of an order placed under this section to 80 percent  | 
      
      
        | 
           
			 | 
        of the estimated amount to which a school district or  | 
      
      
        | 
           
			 | 
        open-enrollment charter school is estimated to be entitled as  | 
      
      
        | 
           
			 | 
        provided by Subsection (a) and shall first credit any balance in a  | 
      
      
        | 
           
			 | 
        district or charter school instructional materials and technology  | 
      
      
        | 
           
			 | 
        account to pay for an order placed under this section. | 
      
      
        | 
           
			 | 
               (c)  The commissioner shall make payments for orders placed  | 
      
      
        | 
           
			 | 
        under this section as funds become available to the instructional  | 
      
      
        | 
           
			 | 
        materials and technology fund and shall prioritize payment of  | 
      
      
        | 
           
			 | 
        orders placed under this section over reimbursement of purchases  | 
      
      
        | 
           
			 | 
        made directly by a school district or open-enrollment charter  | 
      
      
        | 
           
			 | 
        school. | 
      
      
        | 
           
			 | 
               SECTION 5.014.  Section 31.0231(b), Education Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the  | 
      
      
        | 
           
			 | 
        85th Legislature, Regular Session, 2017, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (b)  A school district may select material on the list  | 
      
      
        | 
           
			 | 
        adopted under Subsection (a) to be funded by the district's  | 
      
      
        | 
           
			 | 
        instructional materials and technology allotment under Section  | 
      
      
        | 
           
			 | 
        31.0211. | 
      
      
        | 
           
			 | 
               SECTION 5.015.  Section 31.029(a), Education Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the  | 
      
      
        | 
           
			 | 
        85th Legislature, Regular Session, 2017, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (a)  A school district shall purchase with the district's  | 
      
      
        | 
           
			 | 
        instructional materials and technology allotment or otherwise  | 
      
      
        | 
           
			 | 
        acquire instructional materials for use in bilingual education  | 
      
      
        | 
           
			 | 
        classes. | 
      
      
        | 
           
			 | 
               SECTION 5.016.  Section 31.031(a), Education Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the  | 
      
      
        | 
           
			 | 
        85th Legislature, Regular Session, 2017, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (a)  A school district may purchase with the district's  | 
      
      
        | 
           
			 | 
        instructional materials and technology allotment or otherwise  | 
      
      
        | 
           
			 | 
        acquire instructional materials for use in college preparatory  | 
      
      
        | 
           
			 | 
        courses under Section 28.014. | 
      
      
        | 
           
			 | 
               SECTION 5.017.  Section 31.071(e), Education Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the  | 
      
      
        | 
           
			 | 
        85th Legislature, Regular Session, 2017, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (e)  The costs of administering this subchapter and  | 
      
      
        | 
           
			 | 
        purchasing state-developed open education resource instructional  | 
      
      
        | 
           
			 | 
        materials shall be paid from the state instructional materials and  | 
      
      
        | 
           
			 | 
        technology fund, as determined by the commissioner. | 
      
      
        | 
           
			 | 
               SECTION 5.018.  Section 31.081(e), Education Code, as added  | 
      
      
        | 
           
			 | 
        by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the 85th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2017, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (e)  The commissioner shall use money in the state  | 
      
      
        | 
           
			 | 
        instructional materials and technology fund to pay any expenses  | 
      
      
        | 
           
			 | 
        associated with the web portal. | 
      
      
        | 
           
			 | 
               SECTION 5.019.  Section 31.083, Education Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 705 (H.B. 3526), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is repealed as duplicative of Section 31.002(1-a),  | 
      
      
        | 
           
			 | 
        Education Code, as amended by Chapters 581 (S.B. 810) and 942 (S.B.  | 
      
      
        | 
           
			 | 
        1784), Acts of the 85th Legislature, Regular Session, 2017, and  | 
      
      
        | 
           
			 | 
        Section 31.083, Education Code, as added by Chapter 581 (S.B. 810),  | 
      
      
        | 
           
			 | 
        Acts of the 85th Legislature, Regular Session, 2017. | 
      
      
        | 
           
			 | 
               SECTION 5.020.  Section 31.101(f), Education Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the  | 
      
      
        | 
           
			 | 
        85th Legislature, Regular Session, 2017, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (f)  The commissioner shall maintain an online requisition  | 
      
      
        | 
           
			 | 
        system for school districts to requisition instructional materials  | 
      
      
        | 
           
			 | 
        to be purchased with the district's instructional materials and  | 
      
      
        | 
           
			 | 
        technology allotment. | 
      
      
        | 
           
			 | 
               SECTION 5.021.  Section 31.151(d), Education Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the  | 
      
      
        | 
           
			 | 
        85th Legislature, Regular Session, 2017, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (d)  A penalty collected under this section shall be  | 
      
      
        | 
           
			 | 
        deposited to the credit of the state instructional materials and  | 
      
      
        | 
           
			 | 
        technology fund. | 
      
      
        | 
           
			 | 
               SECTION 5.022.  Section 39.053(c), Education Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 807 (H.B. 22), 842 (H.B. 2223), and 1088 (H.B.  | 
      
      
        | 
           
			 | 
        3593), Acts of the 85th Legislature, Regular Session, 2017, is  | 
      
      
        | 
           
			 | 
        reenacted and amended to read as follows: | 
      
      
        | 
           
			 | 
               (c)  School districts and campuses must be evaluated based on  | 
      
      
        | 
           
			 | 
        three domains of indicators of achievement adopted under this  | 
      
      
        | 
           
			 | 
        section that include: | 
      
      
        | 
           
			 | 
                     (1)  in the student achievement domain, indicators of  | 
      
      
        | 
           
			 | 
        student achievement that must include: | 
      
      
        | 
           
			 | 
                           (A)  for evaluating the performance of districts  | 
      
      
        | 
           
			 | 
        and campuses generally: | 
      
      
        | 
           
			 | 
                                 (i)  an indicator that accounts for the  | 
      
      
        | 
           
			 | 
        results of assessment instruments required under Sections  | 
      
      
        | 
           
			 | 
        39.023(a), (c), and (l), as applicable for the district and campus,  | 
      
      
        | 
           
			 | 
        including the results of assessment instruments required for  | 
      
      
        | 
           
			 | 
        graduation retaken by a student, aggregated across grade levels by  | 
      
      
        | 
           
			 | 
        subject area, including: | 
      
      
        | 
           
			 | 
                                       (a)  for the performance standard  | 
      
      
        | 
           
			 | 
        determined by the commissioner under Section 39.0241(a), the  | 
      
      
        | 
           
			 | 
        percentage of students who performed satisfactorily on the  | 
      
      
        | 
           
			 | 
        assessment instruments, aggregated across grade levels by subject  | 
      
      
        | 
           
			 | 
        area; and | 
      
      
        | 
           
			 | 
                                       (b)  for the college readiness  | 
      
      
        | 
           
			 | 
        performance standard as determined under Section 39.0241, the  | 
      
      
        | 
           
			 | 
        percentage of students who performed satisfactorily on the  | 
      
      
        | 
           
			 | 
        assessment instruments, aggregated across grade levels by subject  | 
      
      
        | 
           
			 | 
        area; and | 
      
      
        | 
           
			 | 
                                 (ii)  an indicator that accounts for the  | 
      
      
        | 
           
			 | 
        results of assessment instruments required under Section  | 
      
      
        | 
           
			 | 
        39.023(b), as applicable for the district and campus, including the  | 
      
      
        | 
           
			 | 
        percentage of students who performed satisfactorily on the  | 
      
      
        | 
           
			 | 
        assessment instruments, as determined by the performance standard  | 
      
      
        | 
           
			 | 
        adopted by the agency, aggregated across grade levels by subject  | 
      
      
        | 
           
			 | 
        area; and | 
      
      
        | 
           
			 | 
                           (B)  for evaluating the performance of high school  | 
      
      
        | 
           
			 | 
        campuses and districts that include high school campuses,  | 
      
      
        | 
           
			 | 
        indicators that account for: | 
      
      
        | 
           
			 | 
                                 (i)  students who satisfy the Texas Success  | 
      
      
        | 
           
			 | 
        Initiative (TSI) college readiness benchmarks prescribed by the  | 
      
      
        | 
           
			 | 
        Texas Higher Education Coordinating Board under Section 51.334 on  | 
      
      
        | 
           
			 | 
        an assessment instrument in reading or mathematics designated by  | 
      
      
        | 
           
			 | 
        the coordinating board under that section; | 
      
      
        | 
           
			 | 
                                 (ii)  students who satisfy relevant  | 
      
      
        | 
           
			 | 
        performance standards on advanced placement tests or similar  | 
      
      
        | 
           
			 | 
        assessments; | 
      
      
        | 
           
			 | 
                                 (iii)  students who earn dual course credits  | 
      
      
        | 
           
			 | 
        in the dual credit courses; | 
      
      
        | 
           
			 | 
                                 (iv)  students who enlist in the armed  | 
      
      
        | 
           
			 | 
        forces of the United States; | 
      
      
        | 
           
			 | 
                                 (v)  students who earn industry  | 
      
      
        | 
           
			 | 
        certifications; | 
      
      
        | 
           
			 | 
                                 (vi)  students admitted into postsecondary  | 
      
      
        | 
           
			 | 
        industry certification programs that require as a prerequisite for  | 
      
      
        | 
           
			 | 
        entrance successful performance at the secondary level; | 
      
      
        | 
           
			 | 
                                 (vii)  students whose successful completion  | 
      
      
        | 
           
			 | 
        of a course or courses under Section 28.014 indicates the student's  | 
      
      
        | 
           
			 | 
        preparation to enroll and succeed, without remediation, in an  | 
      
      
        | 
           
			 | 
        entry-level general education course for a baccalaureate degree or  | 
      
      
        | 
           
			 | 
        associate degree; | 
      
      
        | 
           
			 | 
                                 (viii)  students who successfully met  | 
      
      
        | 
           
			 | 
        standards on a composite of indicators that through research  | 
      
      
        | 
           
			 | 
        indicates the student's preparation to enroll and succeed, without  | 
      
      
        | 
           
			 | 
        remediation, in an entry-level general education course for a  | 
      
      
        | 
           
			 | 
        baccalaureate degree or associate degree; | 
      
      
        | 
           
			 | 
                                 (ix)  high school graduation rates, computed  | 
      
      
        | 
           
			 | 
        in accordance with standards and definitions adopted in compliance  | 
      
      
        | 
           
			 | 
        with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)  | 
      
      
        | 
           
			 | 
        subject to the exclusions provided by Subsections (g), (g-1),  | 
      
      
        | 
           
			 | 
        (g-2), and (g-3); | 
      
      
        | 
           
			 | 
                                 (x)  students who successfully completed an  | 
      
      
        | 
           
			 | 
        OnRamps dual enrollment course; [and] | 
      
      
        | 
           
			 | 
                                 (xi)  [the percentage of] students who  | 
      
      
        | 
           
			 | 
        successfully completed a practicum or internship approved by the  | 
      
      
        | 
           
			 | 
        State Board of Education; and | 
      
      
        | 
           
			 | 
                                 (xii)  students who are awarded an associate  | 
      
      
        | 
           
			 | 
        [associate's] degree; | 
      
      
        | 
           
			 | 
                     (2)  in the school progress domain, indicators for  | 
      
      
        | 
           
			 | 
        effectiveness in promoting student learning, which must include: | 
      
      
        | 
           
			 | 
                           (A)  for assessment instruments, including  | 
      
      
        | 
           
			 | 
        assessment instruments under Subdivisions (1)(A)(i) and (ii), the  | 
      
      
        | 
           
			 | 
        percentage of students who met the standard for improvement, as  | 
      
      
        | 
           
			 | 
        determined by the commissioner; and | 
      
      
        | 
           
			 | 
                           (B)  for evaluating relative performance, the  | 
      
      
        | 
           
			 | 
        performance of districts and campuses compared to similar districts  | 
      
      
        | 
           
			 | 
        or campuses; and | 
      
      
        | 
           
			 | 
                     (3)  in the closing the gaps domain, the use of  | 
      
      
        | 
           
			 | 
        disaggregated data to demonstrate the differentials among students  | 
      
      
        | 
           
			 | 
        from different racial and ethnic groups, socioeconomic  | 
      
      
        | 
           
			 | 
        backgrounds, and other factors, including: | 
      
      
        | 
           
			 | 
                           (A)  students formerly receiving special  | 
      
      
        | 
           
			 | 
        education services; | 
      
      
        | 
           
			 | 
                           (B)  students continuously enrolled; and | 
      
      
        | 
           
			 | 
                           (C)  students who are mobile. | 
      
      
        | 
           
			 | 
               SECTION 5.023.  Section 39.053(g-2), Education Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 807 (H.B. 22) and 890 (H.B. 3075), Acts of the  | 
      
      
        | 
           
			 | 
        85th Legislature, Regular Session, 2017, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (g-2)  In computing completion rates such as high school  | 
      
      
        | 
           
			 | 
        graduation rates under Subsection (c)(1)(B)(ix), the commissioner  | 
      
      
        | 
           
			 | 
        shall exclude students who: | 
      
      
        | 
           
			 | 
                     (1)  are at least 18 years of age as of September 1 of  | 
      
      
        | 
           
			 | 
        the school year as reported for the fall semester Public Education  | 
      
      
        | 
           
			 | 
        Information Management System (PEIMS) submission and have  | 
      
      
        | 
           
			 | 
        satisfied the credit requirements for high school graduation; | 
      
      
        | 
           
			 | 
                     (2)  have not completed their individualized education  | 
      
      
        | 
           
			 | 
        program under 19 T.A.C. Section 89.1070(b)(2) and the Individuals  | 
      
      
        | 
           
			 | 
        with Disabilities Education Act (20 U.S.C. Section 1400 et seq.);  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (3)  are enrolled and receiving individualized  | 
      
      
        | 
           
			 | 
        education program services. | 
      
      
        | 
           
			 | 
               SECTION 5.024.  Section 39.101, Education Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 807 (H.B. 22), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is transferred to Subchapter B, Chapter 39A,  | 
      
      
        | 
           
			 | 
        Education Code, redesignated as Section 39A.0545, Education Code,  | 
      
      
        | 
           
			 | 
        and amended to conform to the repeal of Subchapter E, Chapter 39,  | 
      
      
        | 
           
			 | 
        Education Code, by Article 21, Chapter 324 (S.B. 1488), Acts of the  | 
      
      
        | 
           
			 | 
        85th Legislature, Regular Session, 2017, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 39A.0545 [39.101].  NEEDS IMPROVEMENT RATING.  (a)   | 
      
      
        | 
           
			 | 
        Notwithstanding any other law, if a school district or campus is  | 
      
      
        | 
           
			 | 
        assigned an overall or domain performance rating of D: | 
      
      
        | 
           
			 | 
                     (1)  the commissioner shall order the district or  | 
      
      
        | 
           
			 | 
        campus to develop and implement a targeted improvement plan  | 
      
      
        | 
           
			 | 
        approved by the board of trustees of the district; and | 
      
      
        | 
           
			 | 
                     (2)  the interventions and sanctions provided by this  | 
      
      
        | 
           
			 | 
        chapter [subchapter] based on failure to satisfy performance  | 
      
      
        | 
           
			 | 
        standards under Section 39.054(e) apply to the district or campus  | 
      
      
        | 
           
			 | 
        only as provided by this section. | 
      
      
        | 
           
			 | 
               (b)  The interventions and sanctions provided by this  | 
      
      
        | 
           
			 | 
        chapter [subchapter] based on failure to satisfy performance  | 
      
      
        | 
           
			 | 
        standards under Section 39.054(e) apply to a district or campus  | 
      
      
        | 
           
			 | 
        ordered to develop and implement a targeted improvement plan under  | 
      
      
        | 
           
			 | 
        Subsection (a) only if the district or campus is assigned: | 
      
      
        | 
           
			 | 
                     (1)  an overall or domain performance rating of F; or | 
      
      
        | 
           
			 | 
                     (2)  an overall performance rating of D as provided by  | 
      
      
        | 
           
			 | 
        Subsection (c). | 
      
      
        | 
           
			 | 
               (c)  If a school district or campus is assigned an overall  | 
      
      
        | 
           
			 | 
        performance rating of D for a school year after the district or  | 
      
      
        | 
           
			 | 
        campus is ordered to develop and implement a targeted improvement  | 
      
      
        | 
           
			 | 
        plan under Subsection (a), the commissioner shall implement  | 
      
      
        | 
           
			 | 
        interventions and sanctions that apply to an unacceptable campus  | 
      
      
        | 
           
			 | 
        and those interventions and sanctions shall continue for each  | 
      
      
        | 
           
			 | 
        consecutive school year thereafter in which the campus is assigned  | 
      
      
        | 
           
			 | 
        an overall performance rating of D. | 
      
      
        | 
           
			 | 
               (d)  The commissioner shall adopt rules as necessary to  | 
      
      
        | 
           
			 | 
        implement this section. | 
      
      
        | 
           
			 | 
               SECTION 5.025.  (a)  Section 39A.002, Education Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to Section 1, Chapter 823 (H.B. 1553), Acts of  | 
      
      
        | 
           
			 | 
        the 85th Legislature, Regular Session, 2017, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 39A.002.  AUTHORIZED COMMISSIONER ACTIONS.  If a school  | 
      
      
        | 
           
			 | 
        district is subject to commissioner action under Section 39A.001,  | 
      
      
        | 
           
			 | 
        the commissioner may: | 
      
      
        | 
           
			 | 
                     (1)  issue public notice of the deficiency to the board  | 
      
      
        | 
           
			 | 
        of trustees of the district; | 
      
      
        | 
           
			 | 
                     (2)  order a hearing to be conducted by the board of  | 
      
      
        | 
           
			 | 
        trustees of the district to notify the public of: | 
      
      
        | 
           
			 | 
                           (A)  the insufficient performance; | 
      
      
        | 
           
			 | 
                           (B)  the improvements in performance expected by  | 
      
      
        | 
           
			 | 
        the agency; and | 
      
      
        | 
           
			 | 
                           (C)  the interventions and sanctions that may be  | 
      
      
        | 
           
			 | 
        imposed under this subchapter if the performance does not improve; | 
      
      
        | 
           
			 | 
                     (3)  order the preparation of a student achievement  | 
      
      
        | 
           
			 | 
        improvement plan that addresses each academic achievement  | 
      
      
        | 
           
			 | 
        indicator under Section 39.053(c) for which the district's  | 
      
      
        | 
           
			 | 
        performance is insufficient, the submission of the plan to the  | 
      
      
        | 
           
			 | 
        commissioner for approval, and the implementation of the plan; | 
      
      
        | 
           
			 | 
                     (4)  order a hearing to be held before the commissioner  | 
      
      
        | 
           
			 | 
        or the commissioner's designee at which the president of the board  | 
      
      
        | 
           
			 | 
        of trustees of the district and the district's superintendent shall  | 
      
      
        | 
           
			 | 
        appear and explain the district's low performance, lack of  | 
      
      
        | 
           
			 | 
        improvement, and plans for improvement; | 
      
      
        | 
           
			 | 
                     (5)  arrange a monitoring review of the district; | 
      
      
        | 
           
			 | 
                     (6)  appoint an agency monitor to participate in and  | 
      
      
        | 
           
			 | 
        report to the agency on the activities of the board of trustees of  | 
      
      
        | 
           
			 | 
        the district or superintendent; | 
      
      
        | 
           
			 | 
                     (7)  appoint a conservator to oversee the operations of  | 
      
      
        | 
           
			 | 
        the district; [or] | 
      
      
        | 
           
			 | 
                     (8)  appoint a management team to direct the operations  | 
      
      
        | 
           
			 | 
        of the district in areas of insufficient performance or require the  | 
      
      
        | 
           
			 | 
        district to obtain certain services under a contract with another  | 
      
      
        | 
           
			 | 
        person; or | 
      
      
        | 
           
			 | 
                     (9)  authorize the district to enter into a memorandum  | 
      
      
        | 
           
			 | 
        of understanding with an institution of higher education that  | 
      
      
        | 
           
			 | 
        provides for the assistance of the institution of higher education  | 
      
      
        | 
           
			 | 
        in improving the district's performance. | 
      
      
        | 
           
			 | 
               (b)  Chapter 823 (H.B. 1553), Acts of the 85th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2017, which amended Sections 39.102(a) and  | 
      
      
        | 
           
			 | 
        39.111(c), Education Code, is repealed. | 
      
      
        | 
           
			 | 
               SECTION 5.026.  (a)  Section 39A.060, Education Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to Section 1, Chapter 472 (H.B. 2263), Acts of  | 
      
      
        | 
           
			 | 
        the 85th Legislature, Regular Session, 2017, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 39A.060.  CAMPUS INTERVENTION TEAM CONTINUING  | 
      
      
        | 
           
			 | 
        DUTIES.  For each year a campus is assigned an unacceptable  | 
      
      
        | 
           
			 | 
        performance rating, the campus intervention team shall: | 
      
      
        | 
           
			 | 
                     (1)  [continue to work with the campus until:
         | 
      
      
        | 
           
			 | 
                           [(A)
           
           
          the campus satisfies all performance 
         | 
      
      
        | 
           
			 | 
        
          standards under Section 39.054(e) for a two-year period; or
         | 
      
      
        | 
           
			 | 
                           [(B)
           
           
          the campus satisfies all performance 
         | 
      
      
        | 
           
			 | 
        
          standards under Section 39.054(e) for a one-year period and the 
         | 
      
      
        | 
           
			 | 
        
          commissioner determines that the campus is operating and will 
         | 
      
      
        | 
           
			 | 
        
          continue to operate in a manner that improves student achievement;
         | 
      
      
        | 
           
			 | 
                     [(2)]  assist in updating the targeted improvement plan  | 
      
      
        | 
           
			 | 
        to identify and analyze areas of growth and areas that require  | 
      
      
        | 
           
			 | 
        improvement; and | 
      
      
        | 
           
			 | 
                     (2) [(3)]  submit each updated targeted improvement  | 
      
      
        | 
           
			 | 
        plan described by Subdivision (1) [(2)] to the board of trustees of  | 
      
      
        | 
           
			 | 
        the school district. | 
      
      
        | 
           
			 | 
               (b)  Section 39A.107, Education Code, is amended to conform  | 
      
      
        | 
           
			 | 
        to Section 2, Chapter 472 (H.B. 2263), Acts of the 85th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2017, by adding Subsections (a-1) and (a-2) to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (a-1)  Not later than June 15 of each year, the commissioner  | 
      
      
        | 
           
			 | 
        shall, in writing, either approve or reject any campus turnaround  | 
      
      
        | 
           
			 | 
        plan prepared and submitted to the commissioner by a district. If  | 
      
      
        | 
           
			 | 
        the commissioner rejects a campus turnaround plan, the commissioner  | 
      
      
        | 
           
			 | 
        must also send the district an outline of the specific concerns  | 
      
      
        | 
           
			 | 
        regarding the turnaround plan that resulted in the rejection. | 
      
      
        | 
           
			 | 
               (a-2)  If the commissioner rejects a campus turnaround plan,  | 
      
      
        | 
           
			 | 
        the district must create a modified plan with assistance from  | 
      
      
        | 
           
			 | 
        agency staff and submit the modified plan to the commissioner for  | 
      
      
        | 
           
			 | 
        approval not later than the 60th day after the date the commissioner  | 
      
      
        | 
           
			 | 
        rejects the campus turnaround plan.  The commissioner shall notify  | 
      
      
        | 
           
			 | 
        the district in writing of the commissioner's decision regarding  | 
      
      
        | 
           
			 | 
        the modified plan not later than the 15th day after the date the  | 
      
      
        | 
           
			 | 
        commissioner receives the modified plan. | 
      
      
        | 
           
			 | 
               (c)  Chapter 472 (H.B. 2263), Acts of the 85th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2017, which amended Sections 39.106(e) and 39.107,  | 
      
      
        | 
           
			 | 
        Education Code, is repealed. | 
      
      
        | 
           
			 | 
               SECTION 5.027.  Section 41.124(c), Education Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the  | 
      
      
        | 
           
			 | 
        85th Legislature, Regular Session, 2017, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (c)  A school district that receives tuition for a student  | 
      
      
        | 
           
			 | 
        from a school district with a wealth per student that exceeds the  | 
      
      
        | 
           
			 | 
        equalized wealth level may not claim attendance for that student  | 
      
      
        | 
           
			 | 
        for purposes of Chapters 42 and 46 and the instructional materials  | 
      
      
        | 
           
			 | 
        and technology allotment under Section 31.0211. | 
      
      
        | 
           
			 | 
               SECTION 5.028.  Section 43.001(d), Education Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the  | 
      
      
        | 
           
			 | 
        85th Legislature, Regular Session, 2017, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (d)  Each biennium the State Board of Education shall set  | 
      
      
        | 
           
			 | 
        aside an amount equal to 50 percent of the distribution for that  | 
      
      
        | 
           
			 | 
        biennium from the permanent school fund to the available school  | 
      
      
        | 
           
			 | 
        fund as provided by Section 5(a), Article VII, Texas Constitution,  | 
      
      
        | 
           
			 | 
        to be placed, subject to the General Appropriations Act, in the  | 
      
      
        | 
           
			 | 
        state instructional materials and technology fund established  | 
      
      
        | 
           
			 | 
        under Section 31.021. | 
      
      
        | 
           
			 | 
               SECTION 5.029.  Section 61.0664(f), Education Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to Section 1.11, Chapter 842 (H.B. 2223), Acts of  | 
      
      
        | 
           
			 | 
        the 85th Legislature, Regular Session, 2017, to read as follows: | 
      
      
        | 
           
			 | 
               (f)  The board, in consultation with public junior college  | 
      
      
        | 
           
			 | 
        districts, shall identify five junior college districts  | 
      
      
        | 
           
			 | 
        representative of each of the public junior college district peer  | 
      
      
        | 
           
			 | 
        groups as identified by the board, with two selected from the peer  | 
      
      
        | 
           
			 | 
        groups of the largest junior college district, and the geographic  | 
      
      
        | 
           
			 | 
        diversity of this state for the purpose of implementing a pilot  | 
      
      
        | 
           
			 | 
        program to develop and recommend minimum reporting language for  | 
      
      
        | 
           
			 | 
        financial and instructional cost information, including  | 
      
      
        | 
           
			 | 
        information relating to instruction of persons with intellectual  | 
      
      
        | 
           
			 | 
        and developmental disabilities. In consultation with the  | 
      
      
        | 
           
			 | 
        Legislative Budget Board, the junior college districts  | 
      
      
        | 
           
			 | 
        participating in the program shall study best practices for the  | 
      
      
        | 
           
			 | 
        reporting of revenue and costs allocated across the districts and  | 
      
      
        | 
           
			 | 
        the practicability of disaggregating financial and instructional  | 
      
      
        | 
           
			 | 
        cost information by instructional site within a junior college  | 
      
      
        | 
           
			 | 
        district. Participants in the study shall consider the following  | 
      
      
        | 
           
			 | 
        data: | 
      
      
        | 
           
			 | 
                     (1)  the number of contact hours, including those  | 
      
      
        | 
           
			 | 
        generated from distance learning; | 
      
      
        | 
           
			 | 
                     (2)  student attainment of completion milestones as  | 
      
      
        | 
           
			 | 
        measured by a performance funding formula established by the  | 
      
      
        | 
           
			 | 
        coordinating board under Section 51.340(b) [51.3062(m)]; | 
      
      
        | 
           
			 | 
                     (3)  the total amount of state appropriations, tax  | 
      
      
        | 
           
			 | 
        revenue, in-district and out-of-district tuition and fee revenue,  | 
      
      
        | 
           
			 | 
        or any other revenue received by the junior college districts and  | 
      
      
        | 
           
			 | 
        the rates or methods by which those revenues are collected; | 
      
      
        | 
           
			 | 
                     (4)  the amount of money expended by the junior college  | 
      
      
        | 
           
			 | 
        districts for programs related to the participation, retention, and  | 
      
      
        | 
           
			 | 
        graduation of persons with intellectual and developmental  | 
      
      
        | 
           
			 | 
        disabilities; | 
      
      
        | 
           
			 | 
                     (5)  a statement of the total amount of money expended  | 
      
      
        | 
           
			 | 
        by the junior college districts; | 
      
      
        | 
           
			 | 
                     (6)  the number of full-time and adjunct faculty; and | 
      
      
        | 
           
			 | 
                     (7)  any other relevant data or reporting  | 
      
      
        | 
           
			 | 
        methodologies. | 
      
      
        | 
           
			 | 
               SECTION 5.030.  Section 61.607(b), Education Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 891 (H.B. 3083) and 1101 (H.B. 3808), Acts of  | 
      
      
        | 
           
			 | 
        the 85th Legislature, Regular Session, 2017, is reenacted to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               (b)  The total amount of repayment assistance received by a  | 
      
      
        | 
           
			 | 
        mental health professional under this subchapter may not exceed: | 
      
      
        | 
           
			 | 
                     (1)  $160,000, for assistance from the state received  | 
      
      
        | 
           
			 | 
        by a licensed physician; | 
      
      
        | 
           
			 | 
                     (2)  $80,000, for assistance from the state received  | 
      
      
        | 
           
			 | 
        by: | 
      
      
        | 
           
			 | 
                           (A)  a psychologist; | 
      
      
        | 
           
			 | 
                           (B)  a licensed clinical social worker, if the  | 
      
      
        | 
           
			 | 
        social worker has received a doctoral degree related to social  | 
      
      
        | 
           
			 | 
        work; | 
      
      
        | 
           
			 | 
                           (C)  a licensed professional counselor, if the  | 
      
      
        | 
           
			 | 
        counselor has received a doctoral degree related to counseling; or | 
      
      
        | 
           
			 | 
                           (D)  a licensed marriage and family therapist, if  | 
      
      
        | 
           
			 | 
        the marriage and family therapist has received a doctoral degree  | 
      
      
        | 
           
			 | 
        related to marriage and family therapy; | 
      
      
        | 
           
			 | 
                     (3)  $60,000, for assistance from the state received by  | 
      
      
        | 
           
			 | 
        an advanced practice registered nurse; | 
      
      
        | 
           
			 | 
                     (4)  $40,000, for assistance from the state received by  | 
      
      
        | 
           
			 | 
        a licensed clinical social worker, a licensed marriage and family  | 
      
      
        | 
           
			 | 
        therapist, or a licensed professional counselor who is not  | 
      
      
        | 
           
			 | 
        described by Subdivision (2); and | 
      
      
        | 
           
			 | 
                     (5)  $10,000, for assistance from the state received by  | 
      
      
        | 
           
			 | 
        a licensed chemical dependency counselor, if the chemical  | 
      
      
        | 
           
			 | 
        dependency counselor has received an associate degree related to  | 
      
      
        | 
           
			 | 
        chemical dependency counseling or behavioral science. | 
      
      
        | 
           
			 | 
        ARTICLE 6.  CHANGES RELATING TO ESTATES CODE | 
      
      
        | 
           
			 | 
               SECTION 6.001.  Section 752.113(c), Estates Code, is amended  | 
      
      
        | 
           
			 | 
        to correct a typographical error to read as follows: | 
      
      
        | 
           
			 | 
               (c)  Unless the principal has granted the authority to create  | 
      
      
        | 
           
			 | 
        or change a beneficiary designation expressly as required by  | 
      
      
        | 
           
			 | 
        Section 751.031(b)(4), an agent may be named a beneficiary under a  | 
      
      
        | 
           
			 | 
        retirement plan only to the extent the agent was [a] named a  | 
      
      
        | 
           
			 | 
        beneficiary by the principal under the retirement plan, or in the  | 
      
      
        | 
           
			 | 
        case of a rollover or trustee-to-trustee transfer, the predecessor  | 
      
      
        | 
           
			 | 
        retirement plan. | 
      
      
        | 
           
			 | 
        ARTICLE 7.  CHANGES RELATING TO FAMILY CODE | 
      
      
        | 
           
			 | 
               SECTION 7.001.  Section 58.003(c-3), Family Code, as amended  | 
      
      
        | 
           
			 | 
        by Chapters 324 (S.B. 1488) and 685 (H.B. 29), Acts of the 85th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2017, is repealed to conform to the  | 
      
      
        | 
           
			 | 
        repeal of Section 58.003, Family Code, by Chapter 746 (S.B. 1304),  | 
      
      
        | 
           
			 | 
        Acts of the 85th Legislature, Regular Session, 2017. | 
      
      
        | 
           
			 | 
               SECTION 7.002.  Section 58.252, Family Code, is amended to  | 
      
      
        | 
           
			 | 
        correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 58.252.  EXEMPTED RECORDS.  The following records are  | 
      
      
        | 
           
			 | 
        exempt from this subchapter: | 
      
      
        | 
           
			 | 
                     (1)  records relating to a criminal combination or  | 
      
      
        | 
           
			 | 
        criminal street gang maintained by the Department of Public Safety  | 
      
      
        | 
           
			 | 
        or a local law enforcement agency under Chapter 67 [61], Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure; | 
      
      
        | 
           
			 | 
                     (2)  sex offender registration records maintained by  | 
      
      
        | 
           
			 | 
        the Department of Public Safety or a local law enforcement agency  | 
      
      
        | 
           
			 | 
        under Chapter 62, Code of Criminal Procedure; and | 
      
      
        | 
           
			 | 
                     (3)  records collected or maintained by the Texas  | 
      
      
        | 
           
			 | 
        Juvenile Justice Department for statistical and research purposes,  | 
      
      
        | 
           
			 | 
        including data submitted under Section 221.007, Human Resources  | 
      
      
        | 
           
			 | 
        Code, and personally identifiable information. | 
      
      
        | 
           
			 | 
               SECTION 7.003.  Section 155.201(d), Family Code, as added by  | 
      
      
        | 
           
			 | 
        Chapters 317 (H.B. 7) and 572 (S.B. 738), Acts of the 85th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2017, is repealed as duplicative of  | 
      
      
        | 
           
			 | 
        Section 155.201(d), Family Code, as added by Chapter 910 (S.B.  | 
      
      
        | 
           
			 | 
        999), Acts of the 85th Legislature, Regular Session, 2017. | 
      
      
        | 
           
			 | 
               SECTION 7.004.  (a) Section 262.201(a), Family Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 317 (H.B. 7) and 910 (S.B. 999), Acts of the  | 
      
      
        | 
           
			 | 
        85th Legislature, Regular Session, 2017, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (a)  In a suit filed under Section 262.101 or 262.105, unless  | 
      
      
        | 
           
			 | 
        the child has already been returned to the parent, managing  | 
      
      
        | 
           
			 | 
        conservator, possessory conservator, guardian, caretaker, or  | 
      
      
        | 
           
			 | 
        custodian entitled to possession and the temporary order, if any,  | 
      
      
        | 
           
			 | 
        has been dissolved, a full adversary hearing shall be held not later  | 
      
      
        | 
           
			 | 
        than the 14th day after the date the child was taken into possession  | 
      
      
        | 
           
			 | 
        by the governmental entity, unless the court grants an extension  | 
      
      
        | 
           
			 | 
        under Subsection (e) or (e-1). | 
      
      
        | 
           
			 | 
               (b)  Section 262.201(e-1), Family Code, as added by Chapter  | 
      
      
        | 
           
			 | 
        910 (S.B. 999), Acts of the 85th Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2017, is amended to conform to Section 262.201(a-5), Family Code,  | 
      
      
        | 
           
			 | 
        as added by Chapter 317 (H.B. 7), Acts of the 85th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2017, to read as follows: | 
      
      
        | 
           
			 | 
               (e-1)  If a parent who is not indigent appears in opposition  | 
      
      
        | 
           
			 | 
        to the suit, the court may, for good cause shown, postpone the full  | 
      
      
        | 
           
			 | 
        adversary hearing for not more than seven days from the date of the  | 
      
      
        | 
           
			 | 
        parent's appearance to allow the parent to hire an attorney or to  | 
      
      
        | 
           
			 | 
        provide the parent's attorney time to respond to the petition and  | 
      
      
        | 
           
			 | 
        prepare for the hearing.  A postponement under this subsection is  | 
      
      
        | 
           
			 | 
        subject to the limits and requirements prescribed by Subsection (e)  | 
      
      
        | 
           
			 | 
        and Section 155.207. | 
      
      
        | 
           
			 | 
               (c)  Section 262.201(a-5), Family Code, as added by Chapter  | 
      
      
        | 
           
			 | 
        317 (H.B. 7), Acts of the 85th Legislature, Regular Session, 2017,  | 
      
      
        | 
           
			 | 
        is repealed as duplicative of Section 262.201(e-1), Family Code, as  | 
      
      
        | 
           
			 | 
        added by Chapter 910 (S.B. 999), Acts of the 85th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2017. | 
      
      
        | 
           
			 | 
               SECTION 7.005.  Section 264.018(d-1), Family Code, as added  | 
      
      
        | 
           
			 | 
        by Chapter 317 (H.B. 7), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is repealed as duplicative of Section 264.018(d-1),  | 
      
      
        | 
           
			 | 
        Family Code, as added by Chapter 319 (S.B. 11), Acts of the 85th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2017. | 
      
      
        | 
           
			 | 
               SECTION 7.006.  (a)  Subchapter B-1, Chapter 264, Family  | 
      
      
        | 
           
			 | 
        Code, as added by Chapter 319 (S.B. 11), Acts of the 85th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2017, is amended to conform to  | 
      
      
        | 
           
			 | 
        Chapter 316 (H.B. 5), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, by adding Section 264.170, Family Code, to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               Sec. 264.170.  LIMITED LIABILITY FOR SINGLE SOURCE CONTINUUM  | 
      
      
        | 
           
			 | 
        CONTRACTOR AND RELATED PERSONNEL.  (a)  A nonprofit entity that  | 
      
      
        | 
           
			 | 
        contracts with the department to provide services as a single  | 
      
      
        | 
           
			 | 
        source continuum contractor under this subchapter is considered to  | 
      
      
        | 
           
			 | 
        be a charitable organization for the purposes of Chapter 84, Civil  | 
      
      
        | 
           
			 | 
        Practice and Remedies Code, with respect to the provision of those  | 
      
      
        | 
           
			 | 
        services, and that chapter applies to the entity and any person who  | 
      
      
        | 
           
			 | 
        is an employee or volunteer of the entity. | 
      
      
        | 
           
			 | 
               (b)  The limitations on liability provided by this section  | 
      
      
        | 
           
			 | 
        apply: | 
      
      
        | 
           
			 | 
                     (1)  only to an act or omission by the entity or person,  | 
      
      
        | 
           
			 | 
        as applicable, that occurs while the entity or person is acting  | 
      
      
        | 
           
			 | 
        within the course and scope of the entity's contract with the  | 
      
      
        | 
           
			 | 
        department and the person's duties for the entity; and | 
      
      
        | 
           
			 | 
                     (2)  only if insurance coverage in the minimum amounts  | 
      
      
        | 
           
			 | 
        required by Chapter 84, Civil Practice and Remedies Code, is in  | 
      
      
        | 
           
			 | 
        force and effect at the time a cause of action for personal injury,  | 
      
      
        | 
           
			 | 
        death, or property damage accrues. | 
      
      
        | 
           
			 | 
               (b)  Subchapter B-1, Chapter 264, Family Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 316 (H.B. 5), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is repealed. | 
      
      
        | 
           
			 | 
               SECTION 7.007.  Section 265.005(b), Family Code, as amended  | 
      
      
        | 
           
			 | 
        by Chapters 319 (S.B. 11) and 822 (H.B. 1549), Acts of the 85th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2017, is reenacted and amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (b)  A strategic plan required under this section must: | 
      
      
        | 
           
			 | 
                     (1)  identify methods to leverage other sources of  | 
      
      
        | 
           
			 | 
        funding or provide support for existing community-based prevention  | 
      
      
        | 
           
			 | 
        efforts; | 
      
      
        | 
           
			 | 
                     (2)  include a needs assessment that identifies  | 
      
      
        | 
           
			 | 
        programs to best target the needs of the highest risk populations  | 
      
      
        | 
           
			 | 
        and geographic areas; | 
      
      
        | 
           
			 | 
                     (3)  identify the goals and priorities for the  | 
      
      
        | 
           
			 | 
        department's overall prevention efforts; | 
      
      
        | 
           
			 | 
                     (4)  report the results of previous prevention efforts  | 
      
      
        | 
           
			 | 
        using available information in the plan; | 
      
      
        | 
           
			 | 
                     (5)  identify additional methods of measuring program  | 
      
      
        | 
           
			 | 
        effectiveness and results or outcomes; | 
      
      
        | 
           
			 | 
                     (6)  identify methods to collaborate with other state  | 
      
      
        | 
           
			 | 
        agencies on prevention efforts; | 
      
      
        | 
           
			 | 
                     (7)  identify specific strategies to implement the plan  | 
      
      
        | 
           
			 | 
        and to develop measures for reporting on the overall progress  | 
      
      
        | 
           
			 | 
        toward the plan's goals; [and] | 
      
      
        | 
           
			 | 
                     (8)  identify strategies and goals for increasing the  | 
      
      
        | 
           
			 | 
        number of families receiving prevention and early intervention  | 
      
      
        | 
           
			 | 
        services each year, subject to the availability of funds, to reach  | 
      
      
        | 
           
			 | 
        targets set by the department for providing services to families  | 
      
      
        | 
           
			 | 
        that are eligible to receive services through parental education,  | 
      
      
        | 
           
			 | 
        family support, and community-based programs financed with  | 
      
      
        | 
           
			 | 
        federal, state, local, or private resources; and | 
      
      
        | 
           
			 | 
                     (9) [(8)]  identify specific strategies to increase  | 
      
      
        | 
           
			 | 
        local capacity for the delivery of prevention and early  | 
      
      
        | 
           
			 | 
        intervention services through collaboration with communities and  | 
      
      
        | 
           
			 | 
        stakeholders. | 
      
      
        | 
           
			 | 
        ARTICLE 8.  CHANGES RELATING TO GOVERNMENT CODE | 
      
      
        | 
           
			 | 
        PART A.  GENERAL CHANGES | 
      
      
        | 
           
			 | 
               SECTION 8.001.  Section 54.658(d), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (d)  A magistrate does not have authority under Article  | 
      
      
        | 
           
			 | 
        18.01(c), Code of Criminal Procedure, to issue a subsequent search  | 
      
      
        | 
           
			 | 
        warrant under Article 18.02(a)(10) [18.02(10)], Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure. | 
      
      
        | 
           
			 | 
               SECTION 8.002.  Sections 54.906(a) and (c), Government Code,  | 
      
      
        | 
           
			 | 
        are amended to correct references to read as follows: | 
      
      
        | 
           
			 | 
               (a)  A judge may refer to a magistrate any criminal case for  | 
      
      
        | 
           
			 | 
        proceedings involving: | 
      
      
        | 
           
			 | 
                     (1)  a bond forfeiture; | 
      
      
        | 
           
			 | 
                     (2)  a pretrial motion; | 
      
      
        | 
           
			 | 
                     (3)  a postconviction writ of habeas corpus; | 
      
      
        | 
           
			 | 
                     (4)  an examining trial; | 
      
      
        | 
           
			 | 
                     (5)  the issuance of search warrants, including a  | 
      
      
        | 
           
			 | 
        search warrant under Article 18.02(a)(10) [18.02(10)], Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure, notwithstanding Article 18.01(c), Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure; | 
      
      
        | 
           
			 | 
                     (6)  the setting of bonds; | 
      
      
        | 
           
			 | 
                     (7)  the arraignment of defendants; and | 
      
      
        | 
           
			 | 
                     (8)  any other matter the judge considers necessary and  | 
      
      
        | 
           
			 | 
        proper, including a plea of guilty or nolo contendere from a  | 
      
      
        | 
           
			 | 
        defendant charged with: | 
      
      
        | 
           
			 | 
                           (A)  a felony offense; | 
      
      
        | 
           
			 | 
                           (B)  a misdemeanor offense when charged with both  | 
      
      
        | 
           
			 | 
        a misdemeanor offense and a felony offense; or | 
      
      
        | 
           
			 | 
                           (C)  a misdemeanor offense. | 
      
      
        | 
           
			 | 
               (c)  Subsection (a)(5) does not apply to the issuance of a  | 
      
      
        | 
           
			 | 
        subsequent search warrant under Article 18.02(a)(10) [18.02(10)],  | 
      
      
        | 
           
			 | 
        Code of Criminal Procedure. | 
      
      
        | 
           
			 | 
               SECTION 8.003.  Section 54.908, Government Code, is amended  | 
      
      
        | 
           
			 | 
        to correct references to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 54.908.  POWERS.  (a)  Except as limited by an order of  | 
      
      
        | 
           
			 | 
        referral, a magistrate to whom a case is referred may: | 
      
      
        | 
           
			 | 
                     (1)  conduct hearings; | 
      
      
        | 
           
			 | 
                     (2)  hear evidence; | 
      
      
        | 
           
			 | 
                     (3)  compel production of relevant evidence; | 
      
      
        | 
           
			 | 
                     (4)  rule on admissibility of evidence; | 
      
      
        | 
           
			 | 
                     (5)  issue summons for the appearance of witnesses; | 
      
      
        | 
           
			 | 
                     (6)  examine witnesses; | 
      
      
        | 
           
			 | 
                     (7)  swear witnesses for hearings; | 
      
      
        | 
           
			 | 
                     (8)  make findings of fact on evidence; | 
      
      
        | 
           
			 | 
                     (9)  formulate conclusions of law; | 
      
      
        | 
           
			 | 
                     (10)  rule on a pretrial motion; | 
      
      
        | 
           
			 | 
                     (11)  recommend the rulings, orders, or judgment to be  | 
      
      
        | 
           
			 | 
        made in a case; | 
      
      
        | 
           
			 | 
                     (12)  regulate proceedings in a hearing; | 
      
      
        | 
           
			 | 
                     (13)  accept a plea of guilty or nolo contendere from a  | 
      
      
        | 
           
			 | 
        defendant charged with: | 
      
      
        | 
           
			 | 
                           (A)  a felony offense; | 
      
      
        | 
           
			 | 
                           (B)  a misdemeanor offense when charged with both  | 
      
      
        | 
           
			 | 
        a misdemeanor offense and a felony offense; or | 
      
      
        | 
           
			 | 
                           (C)  a misdemeanor offense; | 
      
      
        | 
           
			 | 
                     (14)  notwithstanding Article 18.01(c), Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure, issue a search warrant under Article  | 
      
      
        | 
           
			 | 
        18.02(a)(10) [18.02(10)], Code of Criminal Procedure; and | 
      
      
        | 
           
			 | 
                     (15)  do any act and take any measure necessary and  | 
      
      
        | 
           
			 | 
        proper for the efficient performance of the duties required by the  | 
      
      
        | 
           
			 | 
        order of referral. | 
      
      
        | 
           
			 | 
               (b)  A magistrate does not have authority under Subsection  | 
      
      
        | 
           
			 | 
        (a)(14) to issue a subsequent search warrant under Article  | 
      
      
        | 
           
			 | 
        18.02(a)(10) [18.02(10)], Code of Criminal Procedure. | 
      
      
        | 
           
			 | 
               SECTION 8.004.  Sections 54.978(a) and (d), Government Code,  | 
      
      
        | 
           
			 | 
        are amended to correct references to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Except as limited by an order of referral, a magistrate  | 
      
      
        | 
           
			 | 
        to whom a case or matter related to a criminal case is referred may: | 
      
      
        | 
           
			 | 
                     (1)  conduct hearings; | 
      
      
        | 
           
			 | 
                     (2)  hear evidence; | 
      
      
        | 
           
			 | 
                     (3)  compel production of relevant evidence; | 
      
      
        | 
           
			 | 
                     (4)  rule on admissibility of evidence; | 
      
      
        | 
           
			 | 
                     (5)  issue summons for the appearance of witnesses; | 
      
      
        | 
           
			 | 
                     (6)  examine witnesses; | 
      
      
        | 
           
			 | 
                     (7)  swear witnesses for hearings; | 
      
      
        | 
           
			 | 
                     (8)  make findings of fact on evidence; | 
      
      
        | 
           
			 | 
                     (9)  formulate conclusions of law; | 
      
      
        | 
           
			 | 
                     (10)  rule on pretrial motions; | 
      
      
        | 
           
			 | 
                     (11)  recommend the rulings, orders, or judgment to be  | 
      
      
        | 
           
			 | 
        made in a case; | 
      
      
        | 
           
			 | 
                     (12)  regulate proceedings in a hearing; | 
      
      
        | 
           
			 | 
                     (13)  in any case referred under Section 54.976(a)(1): | 
      
      
        | 
           
			 | 
                           (A)  accept a negotiated plea of guilty; | 
      
      
        | 
           
			 | 
                           (B)  enter a finding of guilt and impose or  | 
      
      
        | 
           
			 | 
        suspend sentence; or | 
      
      
        | 
           
			 | 
                           (C)  defer adjudication of guilty; | 
      
      
        | 
           
			 | 
                     (14)  notwithstanding Article 18.01(c), Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure, issue a search warrant under Article  | 
      
      
        | 
           
			 | 
        18.02(a)(10) [18.02(10)], Code of Criminal Procedure; | 
      
      
        | 
           
			 | 
                     (15)  notwithstanding Article 18.01(h), Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure, issue a search warrant under Article  | 
      
      
        | 
           
			 | 
        18.02(a)(12) [18.02(12)], Code of Criminal Procedure; and | 
      
      
        | 
           
			 | 
                     (16)  do any act and take any measure necessary and  | 
      
      
        | 
           
			 | 
        proper for the efficient performance of the duties required by the  | 
      
      
        | 
           
			 | 
        order of referral. | 
      
      
        | 
           
			 | 
               (d)  A magistrate does not have authority under Subsection  | 
      
      
        | 
           
			 | 
        (a)(14) to issue a subsequent search warrant under Article  | 
      
      
        | 
           
			 | 
        18.02(a)(10) [18.02(10)], Code of Criminal Procedure. | 
      
      
        | 
           
			 | 
               SECTION 8.005.  Section 54A.006(a), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (a)  A judge may refer to an associate judge any matter  | 
      
      
        | 
           
			 | 
        arising out of a criminal case involving: | 
      
      
        | 
           
			 | 
                     (1)  a negotiated plea of guilty or no contest before  | 
      
      
        | 
           
			 | 
        the court; | 
      
      
        | 
           
			 | 
                     (2)  a bond forfeiture; | 
      
      
        | 
           
			 | 
                     (3)  a pretrial motion; | 
      
      
        | 
           
			 | 
                     (4)  a writ of habeas corpus; | 
      
      
        | 
           
			 | 
                     (5)  an examining trial; | 
      
      
        | 
           
			 | 
                     (6)  an occupational driver's license; | 
      
      
        | 
           
			 | 
                     (7)  an appeal of an administrative driver's license  | 
      
      
        | 
           
			 | 
        revocation hearing; | 
      
      
        | 
           
			 | 
                     (8)  a civil commitment matter under Subtitle C, Title  | 
      
      
        | 
           
			 | 
        7, Health and Safety Code; | 
      
      
        | 
           
			 | 
                     (9)  setting, adjusting, or revoking bond; | 
      
      
        | 
           
			 | 
                     (10)  the issuance of search warrants, including a  | 
      
      
        | 
           
			 | 
        search warrant under Article 18.02(a)(10) [18.02(10)], Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure, notwithstanding Article 18.01(c), Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure; and | 
      
      
        | 
           
			 | 
                     (11)  any other matter the judge considers necessary  | 
      
      
        | 
           
			 | 
        and proper. | 
      
      
        | 
           
			 | 
               SECTION 8.006.  Section 54A.008(a), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Except as limited by an order of referral, an associate  | 
      
      
        | 
           
			 | 
        judge to whom a case is referred may: | 
      
      
        | 
           
			 | 
                     (1)  conduct hearings; | 
      
      
        | 
           
			 | 
                     (2)  hear evidence; | 
      
      
        | 
           
			 | 
                     (3)  compel production of relevant evidence; | 
      
      
        | 
           
			 | 
                     (4)  rule on the admissibility of evidence; | 
      
      
        | 
           
			 | 
                     (5)  issue summons for the appearance of witnesses; | 
      
      
        | 
           
			 | 
                     (6)  examine a witness; | 
      
      
        | 
           
			 | 
                     (7)  swear a witness for a hearing; | 
      
      
        | 
           
			 | 
                     (8)  make findings of fact on evidence; | 
      
      
        | 
           
			 | 
                     (9)  formulate conclusions of law; | 
      
      
        | 
           
			 | 
                     (10)  rule on pretrial motions; | 
      
      
        | 
           
			 | 
                     (11)  recommend the rulings, orders, or judgment to be  | 
      
      
        | 
           
			 | 
        made in a case; | 
      
      
        | 
           
			 | 
                     (12)  regulate proceedings in a hearing; | 
      
      
        | 
           
			 | 
                     (13)  order the attachment of a witness or party who  | 
      
      
        | 
           
			 | 
        fails to obey a subpoena; | 
      
      
        | 
           
			 | 
                     (14)  accept a plea of guilty from a defendant charged  | 
      
      
        | 
           
			 | 
        with misdemeanor, felony, or both misdemeanor and felony offenses; | 
      
      
        | 
           
			 | 
                     (15)  select a jury; | 
      
      
        | 
           
			 | 
                     (16)  notwithstanding Article 18.01(c), Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure, issue a search warrant, including a search  | 
      
      
        | 
           
			 | 
        warrant under Article 18.02(a)(10) [18.02(10)], Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure; and | 
      
      
        | 
           
			 | 
                     (17)  take action as necessary and proper for the  | 
      
      
        | 
           
			 | 
        efficient performance of the duties required by the order of  | 
      
      
        | 
           
			 | 
        referral. | 
      
      
        | 
           
			 | 
               SECTION 8.007.  Section 124.001(b), Government Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 693 (H.B. 322) and 889 (H.B. 3069), Acts of the  | 
      
      
        | 
           
			 | 
        85th Legislature, Regular Session, 2017, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (b)  If a defendant who was arrested for or charged with, but  | 
      
      
        | 
           
			 | 
        not convicted of or placed on deferred adjudication community  | 
      
      
        | 
           
			 | 
        supervision for, an offense successfully completes a veterans  | 
      
      
        | 
           
			 | 
        treatment court program, after notice to the attorney representing  | 
      
      
        | 
           
			 | 
        the state and a hearing in the veterans treatment court at which  | 
      
      
        | 
           
			 | 
        that court determines that a dismissal is in the best interest of  | 
      
      
        | 
           
			 | 
        justice, the veterans treatment court shall provide to the court in  | 
      
      
        | 
           
			 | 
        which the criminal case is pending information about the dismissal  | 
      
      
        | 
           
			 | 
        and shall include all of the information required about the  | 
      
      
        | 
           
			 | 
        defendant for a petition for expunction under Section 2(b), Article  | 
      
      
        | 
           
			 | 
        55.02, Code of Criminal Procedure.  The court in which the criminal  | 
      
      
        | 
           
			 | 
        case is pending shall dismiss the case against the defendant and: | 
      
      
        | 
           
			 | 
                     (1)  if that trial court is a district court, the court  | 
      
      
        | 
           
			 | 
        may, with the consent of the attorney representing the state, enter  | 
      
      
        | 
           
			 | 
        an order of expunction on behalf of the defendant under Section  | 
      
      
        | 
           
			 | 
        1a(a-1), Article 55.02, Code of Criminal Procedure; or | 
      
      
        | 
           
			 | 
                     (2)  if that trial court is not a district court, the  | 
      
      
        | 
           
			 | 
        court may, with the consent of the attorney representing the state,  | 
      
      
        | 
           
			 | 
        forward the appropriate dismissal and expunction information to  | 
      
      
        | 
           
			 | 
        enable a district court with jurisdiction to enter an order of  | 
      
      
        | 
           
			 | 
        expunction on behalf of the defendant under Section 1a(a-1),  | 
      
      
        | 
           
			 | 
        Article 55.02, Code of Criminal Procedure. | 
      
      
        | 
           
			 | 
               SECTION 8.008.  Section 325.025(b), Government Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 975 (S.B. 2262) and 1046 (H.B. 1920), Acts of  | 
      
      
        | 
           
			 | 
        the 85th Legislature, Regular Session, 2017, is reenacted to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               (b)  This section applies to the: | 
      
      
        | 
           
			 | 
                     (1)  Angelina and Neches River Authority; | 
      
      
        | 
           
			 | 
                     (2)  Bandera County River Authority and Groundwater  | 
      
      
        | 
           
			 | 
        District; | 
      
      
        | 
           
			 | 
                     (3)  Brazos River Authority; | 
      
      
        | 
           
			 | 
                     (4)  Guadalupe-Blanco River Authority; | 
      
      
        | 
           
			 | 
                     (5)  Lavaca-Navidad River Authority; | 
      
      
        | 
           
			 | 
                     (6)  Lower Colorado River Authority; | 
      
      
        | 
           
			 | 
                     (7)  Lower Neches Valley Authority; | 
      
      
        | 
           
			 | 
                     (8)  Nueces River Authority; | 
      
      
        | 
           
			 | 
                     (9)  Red River Authority of Texas; | 
      
      
        | 
           
			 | 
                     (10)  Sabine River Authority of Texas; | 
      
      
        | 
           
			 | 
                     (11)  San Antonio River Authority; | 
      
      
        | 
           
			 | 
                     (12)  San Jacinto River Authority; | 
      
      
        | 
           
			 | 
                     (13)  Sulphur River Basin Authority; | 
      
      
        | 
           
			 | 
                     (14)  Trinity River Authority of Texas; | 
      
      
        | 
           
			 | 
                     (15)  Upper Colorado River Authority; and | 
      
      
        | 
           
			 | 
                     (16)  Upper Guadalupe River Authority. | 
      
      
        | 
           
			 | 
               SECTION 8.009.  Section 403.093(d), Government Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the  | 
      
      
        | 
           
			 | 
        85th Legislature, Regular Session, 2017, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (d)  The comptroller shall transfer from the general revenue  | 
      
      
        | 
           
			 | 
        fund to the foundation school fund an amount of money necessary to  | 
      
      
        | 
           
			 | 
        fund the foundation school program as provided by Chapter 42,  | 
      
      
        | 
           
			 | 
        Education Code.  The comptroller shall make the transfers in  | 
      
      
        | 
           
			 | 
        installments as necessary to comply with Section 42.259, Education  | 
      
      
        | 
           
			 | 
        Code, and permit the Texas Education Agency, to the extent  | 
      
      
        | 
           
			 | 
        authorized by the General Appropriations Act, to make temporary  | 
      
      
        | 
           
			 | 
        transfers from the foundation school fund for payment of the  | 
      
      
        | 
           
			 | 
        instructional materials and technology allotment under Section  | 
      
      
        | 
           
			 | 
        31.0211, Education Code.  Unless an earlier date is necessary for  | 
      
      
        | 
           
			 | 
        purposes of temporary transfers for payment of the instructional  | 
      
      
        | 
           
			 | 
        materials and technology allotment, an installment must be made not  | 
      
      
        | 
           
			 | 
        earlier than two days before the date an installment to school  | 
      
      
        | 
           
			 | 
        districts is required by Section 42.259, Education Code, and must  | 
      
      
        | 
           
			 | 
        not exceed the amount necessary for that payment and any temporary  | 
      
      
        | 
           
			 | 
        transfers for payment of the instructional materials and technology  | 
      
      
        | 
           
			 | 
        allotment. | 
      
      
        | 
           
			 | 
               SECTION 8.010.  Section 411.0765(b), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to correct a typographical error to read as follows: | 
      
      
        | 
           
			 | 
               (b)  A criminal justice agency may disclose criminal history  | 
      
      
        | 
           
			 | 
        record information that is the subject of an order of nondisclosure  | 
      
      
        | 
           
			 | 
        of criminal history record information under this subchapter to the  | 
      
      
        | 
           
			 | 
        following noncriminal justice agencies or entities only: | 
      
      
        | 
           
			 | 
                     (1)  the State Board for Educator Certification; | 
      
      
        | 
           
			 | 
                     (2)  a school district, charter school, private school,  | 
      
      
        | 
           
			 | 
        regional education service center, commercial transportation  | 
      
      
        | 
           
			 | 
        company, or education shared services [service] arrangement; | 
      
      
        | 
           
			 | 
                     (3)  the Texas Medical Board; | 
      
      
        | 
           
			 | 
                     (4)  the Texas School for the Blind and Visually  | 
      
      
        | 
           
			 | 
        Impaired; | 
      
      
        | 
           
			 | 
                     (5)  the Board of Law Examiners; | 
      
      
        | 
           
			 | 
                     (6)  the State Bar of Texas; | 
      
      
        | 
           
			 | 
                     (7)  a district court regarding a petition for name  | 
      
      
        | 
           
			 | 
        change under Subchapter B, Chapter 45, Family Code; | 
      
      
        | 
           
			 | 
                     (8)  the Texas School for the Deaf; | 
      
      
        | 
           
			 | 
                     (9)  the Department of Family and Protective Services; | 
      
      
        | 
           
			 | 
                     (10)  the Texas Juvenile Justice Department; | 
      
      
        | 
           
			 | 
                     (11)  the Department of Assistive and Rehabilitative  | 
      
      
        | 
           
			 | 
        Services; | 
      
      
        | 
           
			 | 
                     (12)  the Department of State Health Services, a local  | 
      
      
        | 
           
			 | 
        mental health service, a local intellectual and developmental  | 
      
      
        | 
           
			 | 
        disability authority, or a community center providing services to  | 
      
      
        | 
           
			 | 
        persons with mental illness or intellectual or developmental  | 
      
      
        | 
           
			 | 
        disabilities; | 
      
      
        | 
           
			 | 
                     (13)  the Texas Private Security Board; | 
      
      
        | 
           
			 | 
                     (14)  a municipal or volunteer fire department; | 
      
      
        | 
           
			 | 
                     (15)  the Texas Board of Nursing; | 
      
      
        | 
           
			 | 
                     (16)  a safe house providing shelter to children in  | 
      
      
        | 
           
			 | 
        harmful situations; | 
      
      
        | 
           
			 | 
                     (17)  a public or nonprofit hospital or hospital  | 
      
      
        | 
           
			 | 
        district, or a facility as defined by Section 250.001, Health and  | 
      
      
        | 
           
			 | 
        Safety Code; | 
      
      
        | 
           
			 | 
                     (18)  the securities commissioner, the banking  | 
      
      
        | 
           
			 | 
        commissioner, the savings and mortgage lending commissioner, the  | 
      
      
        | 
           
			 | 
        consumer credit commissioner, or the credit union commissioner; | 
      
      
        | 
           
			 | 
                     (19)  the Texas State Board of Public Accountancy; | 
      
      
        | 
           
			 | 
                     (20)  the Texas Department of Licensing and Regulation; | 
      
      
        | 
           
			 | 
                     (21)  the Health and Human Services Commission; | 
      
      
        | 
           
			 | 
                     (22)  the Department of Aging and Disability Services; | 
      
      
        | 
           
			 | 
                     (23)  the Texas Education Agency; | 
      
      
        | 
           
			 | 
                     (24)  the Judicial Branch Certification Commission; | 
      
      
        | 
           
			 | 
                     (25)  a county clerk's office in relation to a  | 
      
      
        | 
           
			 | 
        proceeding for the appointment of a guardian under Title 3, Estates  | 
      
      
        | 
           
			 | 
        Code; | 
      
      
        | 
           
			 | 
                     (26)  the Department of Information Resources but only  | 
      
      
        | 
           
			 | 
        regarding an employee, applicant for employment, contractor,  | 
      
      
        | 
           
			 | 
        subcontractor, intern, or volunteer who provides network security  | 
      
      
        | 
           
			 | 
        services under Chapter 2059 to: | 
      
      
        | 
           
			 | 
                           (A)  the Department of Information Resources; or | 
      
      
        | 
           
			 | 
                           (B)  a contractor or subcontractor of the  | 
      
      
        | 
           
			 | 
        Department of Information Resources; | 
      
      
        | 
           
			 | 
                     (27)  the Texas Department of Insurance; | 
      
      
        | 
           
			 | 
                     (28)  the Teacher Retirement System of Texas; | 
      
      
        | 
           
			 | 
                     (29)  the Texas State Board of Pharmacy; | 
      
      
        | 
           
			 | 
                     (30)  the Texas Civil Commitment Office; | 
      
      
        | 
           
			 | 
                     (31)  a bank, savings bank, savings and loan  | 
      
      
        | 
           
			 | 
        association, credit union, or mortgage banker, a subsidiary or  | 
      
      
        | 
           
			 | 
        affiliate of those entities, or another financial institution  | 
      
      
        | 
           
			 | 
        regulated by a state regulatory entity listed in Subdivision (18)  | 
      
      
        | 
           
			 | 
        or by a corresponding federal regulatory entity, but only regarding  | 
      
      
        | 
           
			 | 
        an employee, contractor, subcontractor, intern, or volunteer of or  | 
      
      
        | 
           
			 | 
        an applicant for employment by that bank, savings bank, savings and  | 
      
      
        | 
           
			 | 
        loan association, credit union, mortgage banker, subsidiary or  | 
      
      
        | 
           
			 | 
        affiliate, or financial institution; and | 
      
      
        | 
           
			 | 
                     (32)  an employer that has a facility that handles or  | 
      
      
        | 
           
			 | 
        has the capability of handling, transporting, storing, processing,  | 
      
      
        | 
           
			 | 
        manufacturing, or controlling hazardous, explosive, combustible,  | 
      
      
        | 
           
			 | 
        or flammable materials, if: | 
      
      
        | 
           
			 | 
                           (A)  the facility is critical infrastructure, as  | 
      
      
        | 
           
			 | 
        defined by 42 U.S.C. Section 5195c(e), or the employer is required  | 
      
      
        | 
           
			 | 
        to submit to a risk management plan under Section 112(r) of the  | 
      
      
        | 
           
			 | 
        federal Clean Air Act (42 U.S.C. Section 7412) for the facility; and | 
      
      
        | 
           
			 | 
                           (B)  the information concerns an employee,  | 
      
      
        | 
           
			 | 
        applicant for employment, contractor, or subcontractor whose  | 
      
      
        | 
           
			 | 
        duties involve or will involve the handling, transporting, storing,  | 
      
      
        | 
           
			 | 
        processing, manufacturing, or controlling hazardous, explosive,  | 
      
      
        | 
           
			 | 
        combustible, or flammable materials and whose background is  | 
      
      
        | 
           
			 | 
        required to be screened under a federal provision described by  | 
      
      
        | 
           
			 | 
        Paragraph (A). | 
      
      
        | 
           
			 | 
               SECTION 8.011.  (a)  Section 423.0045(a)(1), Government  | 
      
      
        | 
           
			 | 
        Code, as amended by Chapters 824 (H.B. 1643) and 1010 (H.B. 1424),  | 
      
      
        | 
           
			 | 
        Acts of the 85th Legislature, Regular Session, 2017, is reenacted  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
                     (1)  "Correctional facility" means: | 
      
      
        | 
           
			 | 
                           (A)  a confinement facility operated by or under  | 
      
      
        | 
           
			 | 
        contract with any division of the Texas Department of Criminal  | 
      
      
        | 
           
			 | 
        Justice; | 
      
      
        | 
           
			 | 
                           (B)  a municipal or county jail; | 
      
      
        | 
           
			 | 
                           (C)  a confinement facility operated by or under  | 
      
      
        | 
           
			 | 
        contract with the Federal Bureau of Prisons; or | 
      
      
        | 
           
			 | 
                           (D)  a secure correctional facility or secure  | 
      
      
        | 
           
			 | 
        detention facility, as defined by Section 51.02, Family Code. | 
      
      
        | 
           
			 | 
               (b)  Section 423.0045(a)(1-a), Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 1010 (H.B. 1424), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is reenacted to conform to the changes made to  | 
      
      
        | 
           
			 | 
        Section 423.0045(a)(1), Government Code, by Chapter 824 (H.B.  | 
      
      
        | 
           
			 | 
        1643), Acts of the 85th Legislature, Regular Session, 2017, to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
                     (1-a)  "Critical infrastructure facility" means: | 
      
      
        | 
           
			 | 
                           (A)  one of the following, if completely enclosed  | 
      
      
        | 
           
			 | 
        by a fence or other physical barrier that is obviously designed to  | 
      
      
        | 
           
			 | 
        exclude intruders, or if clearly marked with a sign or signs that  | 
      
      
        | 
           
			 | 
        are posted on the property, are reasonably likely to come to the  | 
      
      
        | 
           
			 | 
        attention of intruders, and indicate that entry is forbidden: | 
      
      
        | 
           
			 | 
                                 (i)  a petroleum or alumina refinery; | 
      
      
        | 
           
			 | 
                                 (ii)  an electrical power generating  | 
      
      
        | 
           
			 | 
        facility, substation, switching station, or electrical control  | 
      
      
        | 
           
			 | 
        center; | 
      
      
        | 
           
			 | 
                                 (iii)  a chemical, polymer, or rubber  | 
      
      
        | 
           
			 | 
        manufacturing facility; | 
      
      
        | 
           
			 | 
                                 (iv)  a water intake structure, water  | 
      
      
        | 
           
			 | 
        treatment facility, wastewater treatment plant, or pump station; | 
      
      
        | 
           
			 | 
                                 (v)  a natural gas compressor station; | 
      
      
        | 
           
			 | 
                                 (vi)  a liquid natural gas terminal or  | 
      
      
        | 
           
			 | 
        storage facility; | 
      
      
        | 
           
			 | 
                                 (vii)  a telecommunications central  | 
      
      
        | 
           
			 | 
        switching office or any structure used as part of a system to  | 
      
      
        | 
           
			 | 
        provide wired or wireless telecommunications services; | 
      
      
        | 
           
			 | 
                                 (viii)  a port, railroad switching yard,  | 
      
      
        | 
           
			 | 
        trucking terminal, or other freight transportation facility; | 
      
      
        | 
           
			 | 
                                 (ix)  a gas processing plant, including a  | 
      
      
        | 
           
			 | 
        plant used in the processing, treatment, or fractionation of  | 
      
      
        | 
           
			 | 
        natural gas; | 
      
      
        | 
           
			 | 
                                 (x)  a transmission facility used by a  | 
      
      
        | 
           
			 | 
        federally licensed radio or television station; | 
      
      
        | 
           
			 | 
                                 (xi)  a steelmaking facility that uses an  | 
      
      
        | 
           
			 | 
        electric arc furnace to make steel; | 
      
      
        | 
           
			 | 
                                 (xii)  a dam that is classified as a high  | 
      
      
        | 
           
			 | 
        hazard by the Texas Commission on Environmental Quality; or | 
      
      
        | 
           
			 | 
                                 (xiii)  a concentrated animal feeding  | 
      
      
        | 
           
			 | 
        operation, as defined by Section 26.048, Water Code; or | 
      
      
        | 
           
			 | 
                           (B)  if enclosed by a fence or other physical  | 
      
      
        | 
           
			 | 
        barrier obviously designed to exclude intruders: | 
      
      
        | 
           
			 | 
                                 (i)  any portion of an aboveground oil, gas,  | 
      
      
        | 
           
			 | 
        or chemical pipeline; | 
      
      
        | 
           
			 | 
                                 (ii)  an oil or gas drilling site; | 
      
      
        | 
           
			 | 
                                 (iii)  a group of tanks used to store crude  | 
      
      
        | 
           
			 | 
        oil, such as a tank battery; | 
      
      
        | 
           
			 | 
                                 (iv)  an oil, gas, or chemical production  | 
      
      
        | 
           
			 | 
        facility; | 
      
      
        | 
           
			 | 
                                 (v)  an oil or gas wellhead; or | 
      
      
        | 
           
			 | 
                                 (vi)  any oil and gas facility that has an  | 
      
      
        | 
           
			 | 
        active flare. | 
      
      
        | 
           
			 | 
               SECTION 8.012.  Section 423.0045(c), Government Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 824 (H.B. 1643) and 1010 (H.B. 1424), Acts of  | 
      
      
        | 
           
			 | 
        the 85th Legislature, Regular Session, 2017, is reenacted to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               (c)  This section does not apply to: | 
      
      
        | 
           
			 | 
                     (1)  conduct described by Subsection (b) that involves  | 
      
      
        | 
           
			 | 
        a correctional facility, detention facility, or critical  | 
      
      
        | 
           
			 | 
        infrastructure facility and is committed by: | 
      
      
        | 
           
			 | 
                           (A)  the federal government, the state, or a  | 
      
      
        | 
           
			 | 
        governmental entity; | 
      
      
        | 
           
			 | 
                           (B)  a person under contract with or otherwise  | 
      
      
        | 
           
			 | 
        acting under the direction or on behalf of the federal government,  | 
      
      
        | 
           
			 | 
        the state, or a governmental entity; | 
      
      
        | 
           
			 | 
                           (C)  a law enforcement agency; | 
      
      
        | 
           
			 | 
                           (D)  a person under contract with or otherwise  | 
      
      
        | 
           
			 | 
        acting under the direction or on behalf of a law enforcement agency;  | 
      
      
        | 
           
			 | 
        or | 
      
      
        | 
           
			 | 
                           (E)  an operator of an unmanned aircraft that is  | 
      
      
        | 
           
			 | 
        being used for a commercial purpose, if the operation is conducted  | 
      
      
        | 
           
			 | 
        in compliance with: | 
      
      
        | 
           
			 | 
                                 (i)  each applicable Federal Aviation  | 
      
      
        | 
           
			 | 
        Administration rule, restriction, or exemption; and | 
      
      
        | 
           
			 | 
                                 (ii)  all required Federal Aviation  | 
      
      
        | 
           
			 | 
        Administration authorizations; or | 
      
      
        | 
           
			 | 
                     (2)  conduct described by Subsection (b) that involves  | 
      
      
        | 
           
			 | 
        a critical infrastructure facility and is committed by: | 
      
      
        | 
           
			 | 
                           (A)  an owner or operator of the critical  | 
      
      
        | 
           
			 | 
        infrastructure facility; | 
      
      
        | 
           
			 | 
                           (B)  a person under contract with or otherwise  | 
      
      
        | 
           
			 | 
        acting under the direction or on behalf of an owner or operator of  | 
      
      
        | 
           
			 | 
        the critical infrastructure facility; | 
      
      
        | 
           
			 | 
                           (C)  a person who has the prior written consent of  | 
      
      
        | 
           
			 | 
        the owner or operator of the critical infrastructure facility; or | 
      
      
        | 
           
			 | 
                           (D)  the owner or occupant of the property on  | 
      
      
        | 
           
			 | 
        which the critical infrastructure facility is located or a person  | 
      
      
        | 
           
			 | 
        who has the prior written consent of the owner or occupant of that  | 
      
      
        | 
           
			 | 
        property. | 
      
      
        | 
           
			 | 
               SECTION 8.013.  Section 434.212, Government Code, as added  | 
      
      
        | 
           
			 | 
        by Chapter 933 (S.B. 1677), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is repealed as duplicative of Section 434.214,  | 
      
      
        | 
           
			 | 
        Government Code, as added by Chapter 579 (S.B. 805), Acts of the  | 
      
      
        | 
           
			 | 
        85th Legislature, Regular Session, 2017. | 
      
      
        | 
           
			 | 
               SECTION 8.014.  Section 531.02013, Government Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 316 (H.B. 5), 319 (S.B. 11), and 1136 (H.B.  | 
      
      
        | 
           
			 | 
        249), Acts of the 85th Legislature, Regular Session, 2017, is  | 
      
      
        | 
           
			 | 
        reenacted and amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.02013.  FUNCTIONS REMAINING WITH CERTAIN AGENCIES.   | 
      
      
        | 
           
			 | 
        The following functions are not subject to transfer under Sections  | 
      
      
        | 
           
			 | 
        531.0201 and 531.02011: | 
      
      
        | 
           
			 | 
                     (1)  the functions of the Department of Family and  | 
      
      
        | 
           
			 | 
        Protective Services, including the statewide intake of reports and  | 
      
      
        | 
           
			 | 
        other information, related to the following: | 
      
      
        | 
           
			 | 
                           (A)  child protective services, including  | 
      
      
        | 
           
			 | 
        services that are required by federal law to be provided by this  | 
      
      
        | 
           
			 | 
        state's child welfare agency; | 
      
      
        | 
           
			 | 
                           (B)  adult protective services, other than  | 
      
      
        | 
           
			 | 
        investigations of the alleged abuse, neglect, or exploitation of an  | 
      
      
        | 
           
			 | 
        elderly person or person with a disability: | 
      
      
        | 
           
			 | 
                                 (i)  in a facility operated, or in a facility  | 
      
      
        | 
           
			 | 
        or by a person licensed, certified, or registered, by a state  | 
      
      
        | 
           
			 | 
        agency; or | 
      
      
        | 
           
			 | 
                                 (ii)  by a provider that has contracted to  | 
      
      
        | 
           
			 | 
        provide home and community-based services; | 
      
      
        | 
           
			 | 
                           (C)  prevention and early intervention services;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                           (D)  investigations of alleged abuse, neglect, or  | 
      
      
        | 
           
			 | 
        exploitation occurring at a child-care facility, including a  | 
      
      
        | 
           
			 | 
        residential child-care facility, as those terms are defined by  | 
      
      
        | 
           
			 | 
        Section 42.002, Human Resources Code; and | 
      
      
        | 
           
			 | 
                           [(D)
           
           
          investigations of alleged abuse, neglect, 
         | 
      
      
        | 
           
			 | 
        
          or exploitation occurring at a child-care facility, as that term is 
         | 
      
      
        | 
           
			 | 
        
          defined in Section 40.042, Human Resources Code; and] | 
      
      
        | 
           
			 | 
                     (2)  the public health functions of the Department of  | 
      
      
        | 
           
			 | 
        State Health Services, including health care data collection and  | 
      
      
        | 
           
			 | 
        maintenance of the Texas Health Care Information Collection  | 
      
      
        | 
           
			 | 
        program. | 
      
      
        | 
           
			 | 
               SECTION 8.015.  Section 552.139(d), Government Code, as  | 
      
      
        | 
           
			 | 
        added by Chapter 683 (H.B. 8), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is repealed as duplicative of Section 552.139(d),  | 
      
      
        | 
           
			 | 
        Government Code, as added by Chapter 1042 (H.B. 1861), Acts of the  | 
      
      
        | 
           
			 | 
        85th Legislature, Regular Session, 2017. | 
      
      
        | 
           
			 | 
               SECTION 8.016.  Section 2054.516, Government Code, as added  | 
      
      
        | 
           
			 | 
        by Chapters 683 (H.B. 8) and 955 (S.B. 1910), Acts of the 85th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2017, is reenacted and amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 2054.516.  DATA SECURITY PLAN FOR ONLINE AND MOBILE  | 
      
      
        | 
           
			 | 
        APPLICATIONS.  (a)  Each state agency, other than an institution of  | 
      
      
        | 
           
			 | 
        higher education subject to Section 2054.517, implementing an  | 
      
      
        | 
           
			 | 
        Internet website or mobile application that processes any sensitive  | 
      
      
        | 
           
			 | 
        personal or personally identifiable information or confidential  | 
      
      
        | 
           
			 | 
        information must: | 
      
      
        | 
           
			 | 
                     (1)  submit a biennial data security plan to the  | 
      
      
        | 
           
			 | 
        department not later than October 15 of each even-numbered year to  | 
      
      
        | 
           
			 | 
        establish planned beta testing for the website or application; and | 
      
      
        | 
           
			 | 
                     (2)  subject the website or application to a  | 
      
      
        | 
           
			 | 
        vulnerability and penetration test and address any vulnerability  | 
      
      
        | 
           
			 | 
        identified in the test. | 
      
      
        | 
           
			 | 
               (b)  The department shall review each data security plan  | 
      
      
        | 
           
			 | 
        submitted under Subsection (a) and make any recommendations for  | 
      
      
        | 
           
			 | 
        changes to the plan to the state agency as soon as practicable after  | 
      
      
        | 
           
			 | 
        the department reviews the plan. | 
      
      
        | 
           
			 | 
        PART B.  UPDATE OF COURT FEES AND COSTS | 
      
      
        | 
           
			 | 
               SECTION 8.101.  Section 101.021, Government Code, is amended  | 
      
      
        | 
           
			 | 
        to conform to Section 5.01, Chapter 912 (S.B. 1329), Acts of the  | 
      
      
        | 
           
			 | 
        85th Legislature, Regular Session, 2017, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 101.021.  SUPREME COURT FEES AND COSTS:  GOVERNMENT  | 
      
      
        | 
           
			 | 
        CODE.  The clerk of the supreme court shall collect fees and costs  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
                     (1)  application for petition for review (Sec. 51.005,  | 
      
      
        | 
           
			 | 
        Government Code) . . . $50; | 
      
      
        | 
           
			 | 
                     (2)  additional fee if application for petition for  | 
      
      
        | 
           
			 | 
        review is granted (Sec. 51.005, Government Code) . . . $75; | 
      
      
        | 
           
			 | 
                     (3)  motion for leave to file petition for writ of  | 
      
      
        | 
           
			 | 
        mandamus, prohibition, injunction, and other similar proceedings  | 
      
      
        | 
           
			 | 
        originating in the supreme court (Sec. 51.005, Government Code)  | 
      
      
        | 
           
			 | 
        . . . $50; | 
      
      
        | 
           
			 | 
                     (4)  additional fee if a motion under Subdivision (3)  | 
      
      
        | 
           
			 | 
        is granted (Sec. 51.005, Government Code) . . . $75; | 
      
      
        | 
           
			 | 
                     (5)  certified question from a federal court of appeals  | 
      
      
        | 
           
			 | 
        to the supreme court (Sec. 51.005, Government Code) . . . $75; | 
      
      
        | 
           
			 | 
                     (6)  case appealed to the supreme court from the  | 
      
      
        | 
           
			 | 
        district court by direct appeal (Sec. 51.005, Government Code)  | 
      
      
        | 
           
			 | 
        . . . $100; | 
      
      
        | 
           
			 | 
                     (7)  any other proceeding filed in the supreme court  | 
      
      
        | 
           
			 | 
        (Sec. 51.005, Government Code) . . . $75; | 
      
      
        | 
           
			 | 
                     (8)  administering an oath and giving a sealed  | 
      
      
        | 
           
			 | 
        certificate of the oath (Sec. 51.005, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                     (9)  making certain copies, including certificate and  | 
      
      
        | 
           
			 | 
        seal (Sec. 51.005, Government Code) . . . $5, or $0.50 per page if  | 
      
      
        | 
           
			 | 
        more than 10 pages; | 
      
      
        | 
           
			 | 
                     (10)  any official service performed by the clerk for  | 
      
      
        | 
           
			 | 
        which a fee is not otherwise provided (Sec. 51.005, Government  | 
      
      
        | 
           
			 | 
        Code) . . . reasonable amount set by order or rule of supreme court; | 
      
      
        | 
           
			 | 
                     (10-a)  supreme court support account filing fee (Sec.  | 
      
      
        | 
           
			 | 
        51.0051, Government Code) . . . amount set by the supreme court,  | 
      
      
        | 
           
			 | 
        not to exceed $50; | 
      
      
        | 
           
			 | 
                     (11)  issuance of attorney's license or certificate  | 
      
      
        | 
           
			 | 
        (Sec. 51.006, Government Code) . . . $25 [$10]; | 
      
      
        | 
           
			 | 
                     (12)  additional filing fee to fund civil legal  | 
      
      
        | 
           
			 | 
        services for the indigent (Sec. 51.941, Government Code) . . . $25;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (13)  statewide electronic filing system fund fee (Sec.  | 
      
      
        | 
           
			 | 
        51.851, Government Code) . . . $30. | 
      
      
        | 
           
			 | 
               SECTION 8.102.  (a) Section 101.0611, Government Code, as  | 
      
      
        | 
           
			 | 
        effective September 1, 2019, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 101.0611.  DISTRICT COURT FEES AND COSTS:  GOVERNMENT  | 
      
      
        | 
           
			 | 
        CODE.  The clerk of a district court shall collect fees and costs  | 
      
      
        | 
           
			 | 
        under the Government Code as follows: | 
      
      
        | 
           
			 | 
                     (1)  appellate judicial system filing fees for: | 
      
      
        | 
           
			 | 
                           (A)  First or Fourteenth Court of Appeals District  | 
      
      
        | 
           
			 | 
        (Sec. 22.2021, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (B)  Second Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2031, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (C)  Third Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2041, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (D)  Fourth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2051, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (E)  Fifth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2061, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (E-1)  Sixth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2071, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (E-2)  Seventh Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2081, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (E-3)  Eighth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2091, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (F)  Ninth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2101, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (G)  Eleventh Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2121, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (G-1)  Twelfth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2131, Government Code) . . . $5; and | 
      
      
        | 
           
			 | 
                           (H)  Thirteenth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2141, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                     (2)  when administering a case for the Rockwall County  | 
      
      
        | 
           
			 | 
        Court at Law (Sec. 25.2012, Government Code) . . . civil fees and  | 
      
      
        | 
           
			 | 
        court costs as if the case had been filed in district court; | 
      
      
        | 
           
			 | 
                     (3)  additional filing fees: | 
      
      
        | 
           
			 | 
                           (A)  for each suit filed for insurance contingency  | 
      
      
        | 
           
			 | 
        fund, if authorized by the county commissioners court (Sec. 51.302,  | 
      
      
        | 
           
			 | 
        Government Code) . . . not to exceed $5; | 
      
      
        | 
           
			 | 
                           (B)  to fund the improvement of Dallas County  | 
      
      
        | 
           
			 | 
        civil court facilities, if authorized by the county commissioners  | 
      
      
        | 
           
			 | 
        court (Sec. 51.705, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                           (B-1)  to fund the improvement of Bexar County  | 
      
      
        | 
           
			 | 
        court facilities, if authorized by the county commissioners court  | 
      
      
        | 
           
			 | 
        (Sec. 51.706, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                           (C)  to fund the improvement of Hays County court  | 
      
      
        | 
           
			 | 
        facilities, if authorized by the county commissioners court (Sec.  | 
      
      
        | 
           
			 | 
        51.707, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                           (D)  to fund the preservation of court records  | 
      
      
        | 
           
			 | 
        (Sec. 51.708, Government Code) . . . not more than $10; | 
      
      
        | 
           
			 | 
                           (E)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Rockwall County court facilities, if authorized by  | 
      
      
        | 
           
			 | 
        the county commissioners court (Sec. 51.709, Government Code) . . .  | 
      
      
        | 
           
			 | 
        not more than $15; | 
      
      
        | 
           
			 | 
                           (F)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Travis County court facilities, if authorized by the  | 
      
      
        | 
           
			 | 
        county commissioners court (Sec. 51.710, Government Code) . . . not  | 
      
      
        | 
           
			 | 
        more than $15; | 
      
      
        | 
           
			 | 
                           (G)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Hidalgo County court facilities, if authorized by  | 
      
      
        | 
           
			 | 
        the county commissioners court, and to fund the payment of the  | 
      
      
        | 
           
			 | 
        principal of, interest on, and costs of issuance of bonds,  | 
      
      
        | 
           
			 | 
        including refunding bonds, issued for the construction,  | 
      
      
        | 
           
			 | 
        renovation, or improvement of Hidalgo County court facilities, if  | 
      
      
        | 
           
			 | 
        authorized by the county commissioners court (Sec. 51.711,  | 
      
      
        | 
           
			 | 
        Government Code) . . . not more than $20; [and] | 
      
      
        | 
           
			 | 
                           (H)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Cameron County court facilities, if authorized by  | 
      
      
        | 
           
			 | 
        the county commissioners court, and to fund the payment of the  | 
      
      
        | 
           
			 | 
        principal of, interest on, and costs of issuance of bonds,  | 
      
      
        | 
           
			 | 
        including refunding bonds, issued for the construction,  | 
      
      
        | 
           
			 | 
        renovation, or improvement of Cameron County court facilities, if  | 
      
      
        | 
           
			 | 
        authorized by the county commissioners court (Sec. 51.711,  | 
      
      
        | 
           
			 | 
        Government Code) . . . not more than $20; | 
      
      
        | 
           
			 | 
                           (I)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Willacy County court facilities, if authorized by  | 
      
      
        | 
           
			 | 
        the county commissioners court, and to fund the payment of the  | 
      
      
        | 
           
			 | 
        principal of, interest on, and costs of issuance of bonds issued for  | 
      
      
        | 
           
			 | 
        the construction, renovation, or improvement of Willacy County  | 
      
      
        | 
           
			 | 
        court facilities, if authorized by the county commissioners court  | 
      
      
        | 
           
			 | 
        (Sec. 51.713, Government Code) . . . not more than $20; | 
      
      
        | 
           
			 | 
                           (J)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Starr County court facilities, if authorized by the  | 
      
      
        | 
           
			 | 
        county commissioners court, and to fund the payment of the  | 
      
      
        | 
           
			 | 
        principal of, interest on, and costs of issuance of bonds issued for  | 
      
      
        | 
           
			 | 
        the construction, renovation, or improvement of Starr County court  | 
      
      
        | 
           
			 | 
        facilities, if authorized by the county commissioners court (Sec.  | 
      
      
        | 
           
			 | 
        51.713, Government Code) . . . not more than $20; and | 
      
      
        | 
           
			 | 
                           (K)  to fund judicial and court personnel training  | 
      
      
        | 
           
			 | 
        (Sec. 51.971, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                     (4)  for filing a suit, including an appeal from an  | 
      
      
        | 
           
			 | 
        inferior court: | 
      
      
        | 
           
			 | 
                           (A)  for a suit with 10 or fewer plaintiffs (Sec.  | 
      
      
        | 
           
			 | 
        51.317, Government Code) . . . $50; | 
      
      
        | 
           
			 | 
                           (B)  for a suit with at least 11 but not more than  | 
      
      
        | 
           
			 | 
        25 plaintiffs (Sec. 51.317, Government Code) . . . $75; | 
      
      
        | 
           
			 | 
                           (C)  for a suit with at least 26 but not more than  | 
      
      
        | 
           
			 | 
        100 plaintiffs (Sec. 51.317, Government Code) . . . $100; | 
      
      
        | 
           
			 | 
                           (D)  for a suit with at least 101 but not more than  | 
      
      
        | 
           
			 | 
        500 plaintiffs (Sec. 51.317, Government Code) . . . $125; | 
      
      
        | 
           
			 | 
                           (E)  for a suit with at least 501 but not more than  | 
      
      
        | 
           
			 | 
        1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or | 
      
      
        | 
           
			 | 
                           (F)  for a suit with more than 1,000 plaintiffs  | 
      
      
        | 
           
			 | 
        (Sec. 51.317, Government Code) . . . $200; | 
      
      
        | 
           
			 | 
                     (5)  for filing a cross-action, counterclaim,  | 
      
      
        | 
           
			 | 
        intervention, contempt action, motion for new trial, or third-party  | 
      
      
        | 
           
			 | 
        petition (Sec. 51.317, Government Code) . . . $15; | 
      
      
        | 
           
			 | 
                     (6)  for issuing a citation or other writ or process not  | 
      
      
        | 
           
			 | 
        otherwise provided for, including one copy, when requested at the  | 
      
      
        | 
           
			 | 
        time a suit or action is filed (Sec. 51.317, Government Code) . . .  | 
      
      
        | 
           
			 | 
        $8; | 
      
      
        | 
           
			 | 
                     (7)  for records management and preservation (Sec.  | 
      
      
        | 
           
			 | 
        51.317, Government Code) . . . $10; | 
      
      
        | 
           
			 | 
                     (7-a)  for district court records archiving, if adopted  | 
      
      
        | 
           
			 | 
        by the county commissioners court (Sec. 51.317(b)(5), Government  | 
      
      
        | 
           
			 | 
        Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                     (8)  for issuing a subpoena, including one copy (Sec.  | 
      
      
        | 
           
			 | 
        51.318, Government Code) . . . $8; | 
      
      
        | 
           
			 | 
                     (9)  for issuing a citation, commission for deposition,  | 
      
      
        | 
           
			 | 
        writ of execution, order of sale, writ of execution and order of  | 
      
      
        | 
           
			 | 
        sale, writ of injunction, writ of garnishment, writ of attachment,  | 
      
      
        | 
           
			 | 
        or writ of sequestration not provided for in Section 51.317, or any  | 
      
      
        | 
           
			 | 
        other writ or process not otherwise provided for, including one  | 
      
      
        | 
           
			 | 
        copy if required by law (Sec. 51.318, Government Code) . . . $8; | 
      
      
        | 
           
			 | 
                     (10)  for searching files or records to locate a cause  | 
      
      
        | 
           
			 | 
        when the docket number is not provided (Sec. 51.318, Government  | 
      
      
        | 
           
			 | 
        Code) . . . $5; | 
      
      
        | 
           
			 | 
                     (11)  for searching files or records to ascertain the  | 
      
      
        | 
           
			 | 
        existence of an instrument or record in the district clerk's office  | 
      
      
        | 
           
			 | 
        (Sec. 51.318, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                     (12)  for abstracting a judgment (Sec. 51.318,  | 
      
      
        | 
           
			 | 
        Government Code) . . . $8; | 
      
      
        | 
           
			 | 
                     (13)  for approving a bond (Sec. 51.318, Government  | 
      
      
        | 
           
			 | 
        Code) . . . $4; | 
      
      
        | 
           
			 | 
                     (14)  for a certified copy of a record, judgment,  | 
      
      
        | 
           
			 | 
        order, pleading, or paper on file or of record in the district  | 
      
      
        | 
           
			 | 
        clerk's office, including certificate and seal, for each page or  | 
      
      
        | 
           
			 | 
        part of a page (Sec. 51.318, Government Code) . . . not to exceed  | 
      
      
        | 
           
			 | 
        $1; | 
      
      
        | 
           
			 | 
                     (15)  for a noncertified copy, for each page or part of  | 
      
      
        | 
           
			 | 
        a page (Sec. 51.318, Government Code) . . . not to exceed $1; | 
      
      
        | 
           
			 | 
                     (16)  fee for performing a service: | 
      
      
        | 
           
			 | 
                           (A)  related to the matter of the estate of a  | 
      
      
        | 
           
			 | 
        deceased person (Sec. 51.319, Government Code) . . . the same fee  | 
      
      
        | 
           
			 | 
        allowed the county clerk for those services; | 
      
      
        | 
           
			 | 
                           (B)  related to the matter of a minor (Sec.  | 
      
      
        | 
           
			 | 
        51.319, Government Code) . . . the same fee allowed the county  | 
      
      
        | 
           
			 | 
        clerk for the service; | 
      
      
        | 
           
			 | 
                           (C)  of serving process by certified or registered  | 
      
      
        | 
           
			 | 
        mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or  | 
      
      
        | 
           
			 | 
        constable is authorized to charge for the service under Section  | 
      
      
        | 
           
			 | 
        118.131, Local Government Code; | 
      
      
        | 
           
			 | 
                           (D)  prescribed or authorized by law but for which  | 
      
      
        | 
           
			 | 
        no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                           (E)  related to a matter filed in a statutory  | 
      
      
        | 
           
			 | 
        county court (Sec. 51.319, Government Code) . . . the same fees  | 
      
      
        | 
           
			 | 
        allowed the district clerk for those services in the district  | 
      
      
        | 
           
			 | 
        court; | 
      
      
        | 
           
			 | 
                     (17)  jury fee (Sec. 51.604, Government Code) . . .  | 
      
      
        | 
           
			 | 
        $40; | 
      
      
        | 
           
			 | 
                     (18)  additional filing fee for family protection on  | 
      
      
        | 
           
			 | 
        filing a suit for dissolution of a marriage under Chapter 6, Family  | 
      
      
        | 
           
			 | 
        Code (Sec. 51.961, Government Code) . . . not to exceed $15; | 
      
      
        | 
           
			 | 
                     (19)  at a hearing held by an associate judge appointed  | 
      
      
        | 
           
			 | 
        under Subchapter B, Chapter 54A, Government Code, a court cost to  | 
      
      
        | 
           
			 | 
        preserve the record, in the absence of a court reporter, by any  | 
      
      
        | 
           
			 | 
        means approved by the associate judge (Sec. 54A.110, Government  | 
      
      
        | 
           
			 | 
        Code) . . . as assessed by the referring court or associate judge;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (20)  statewide electronic filing system fund fee (Sec.  | 
      
      
        | 
           
			 | 
        51.851, Government Code) . . . $30. | 
      
      
        | 
           
			 | 
               (b)  The following provisions are repealed: | 
      
      
        | 
           
			 | 
                     (1)  Section 101.06111, Government Code; | 
      
      
        | 
           
			 | 
                     (2)  Section 101.061194, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 781 (H.B. 1234), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017; and | 
      
      
        | 
           
			 | 
                     (3)  Section 101.061194, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 794 (H.B. 2875), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017. | 
      
      
        | 
           
			 | 
               SECTION 8.103.  (a) Section 101.0811, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 101.0811.  STATUTORY COUNTY COURT FEES AND COSTS:   | 
      
      
        | 
           
			 | 
        GOVERNMENT CODE.  The clerk of a statutory county court shall  | 
      
      
        | 
           
			 | 
        collect fees and costs under the Government Code as follows: | 
      
      
        | 
           
			 | 
                     (1)  appellate judicial system filing fees: | 
      
      
        | 
           
			 | 
                           (A)  First or Fourteenth Court of Appeals District  | 
      
      
        | 
           
			 | 
        (Sec. 22.2021, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (B)  Second Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2031, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (C)  Third Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2041, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (D)  Fourth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2051, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (E)  Fifth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2061, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (E-1)  Sixth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2071, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (E-2)  Seventh Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2081, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (E-3)  Eighth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2091, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (F)  Ninth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2101, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (G)  Eleventh Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2121, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (G-1)  Twelfth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2131, Government Code) . . . $5; and | 
      
      
        | 
           
			 | 
                           (H)  Thirteenth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2141, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                     (2)  an official court reporter fee, County Court at  | 
      
      
        | 
           
			 | 
        Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3; | 
      
      
        | 
           
			 | 
                     (3)  in Brazoria County, in matters of concurrent  | 
      
      
        | 
           
			 | 
        jurisdiction with the district court, fees (Sec. 25.0222,  | 
      
      
        | 
           
			 | 
        Government Code) . . . as prescribed by law for district judges  | 
      
      
        | 
           
			 | 
        according to the nature of the matter; | 
      
      
        | 
           
			 | 
                     (4)  a court reporter fee when testimony is taken in a  | 
      
      
        | 
           
			 | 
        county court at law in McLennan County (Sec. 25.1572, Government  | 
      
      
        | 
           
			 | 
        Code) . . . $3; | 
      
      
        | 
           
			 | 
                     (5)  a stenographer fee, if a record or part of a record  | 
      
      
        | 
           
			 | 
        is made: | 
      
      
        | 
           
			 | 
                           (A)  in a county court at law in Hidalgo County  | 
      
      
        | 
           
			 | 
        (Sec. 25.1102, Government Code) . . . $20; and | 
      
      
        | 
           
			 | 
                           (B)  in the 1st Multicounty Court at Law (Sec.  | 
      
      
        | 
           
			 | 
        25.2702, Government Code) . . . $25; | 
      
      
        | 
           
			 | 
                     (6)  jury fee (Sec. 51.604, Government Code) . . . $40; | 
      
      
        | 
           
			 | 
                     (7)  an additional filing fee: | 
      
      
        | 
           
			 | 
                           (A)  for each civil case filed to be used for  | 
      
      
        | 
           
			 | 
        court-related purposes for the support of the judiciary (Sec.  | 
      
      
        | 
           
			 | 
        51.702, Government Code) . . . $40; | 
      
      
        | 
           
			 | 
                           (B)  to fund the improvement of Dallas County  | 
      
      
        | 
           
			 | 
        civil court facilities, if authorized by the county commissioners  | 
      
      
        | 
           
			 | 
        court (Sec. 51.705, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                           (B-1)  to fund the improvement of Bexar County  | 
      
      
        | 
           
			 | 
        court facilities, if authorized by the county commissioners court  | 
      
      
        | 
           
			 | 
        (Sec. 51.706, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                           (C)  to fund the improvement of Hays County court  | 
      
      
        | 
           
			 | 
        facilities, if authorized by the county commissioners court (Sec.  | 
      
      
        | 
           
			 | 
        51.707, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                           (D)  to fund the preservation of court records  | 
      
      
        | 
           
			 | 
        (Sec. 51.708, Government Code) . . . not more than $10; | 
      
      
        | 
           
			 | 
                           (E)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Rockwall County court facilities, if authorized by  | 
      
      
        | 
           
			 | 
        the county commissioners court (Sec. 51.709, Government Code) . . .  | 
      
      
        | 
           
			 | 
        not more than $15; | 
      
      
        | 
           
			 | 
                           (F)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Travis County court facilities, if authorized by the  | 
      
      
        | 
           
			 | 
        county commissioners court (Sec. 51.710, Government Code) . . . not  | 
      
      
        | 
           
			 | 
        more than $15; | 
      
      
        | 
           
			 | 
                           (G)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Hidalgo County court facilities, if authorized by  | 
      
      
        | 
           
			 | 
        the county commissioners court, and to fund the payment of the  | 
      
      
        | 
           
			 | 
        principal of, interest on, and costs of issuance of bonds,  | 
      
      
        | 
           
			 | 
        including refunding bonds, issued for the construction,  | 
      
      
        | 
           
			 | 
        renovation, or improvement of Hidalgo County court facilities, if  | 
      
      
        | 
           
			 | 
        authorized by the county commissioners court (Sec. 51.711,  | 
      
      
        | 
           
			 | 
        Government Code) . . . not more than $20; [and] | 
      
      
        | 
           
			 | 
                           (H)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Cameron County court facilities, if authorized by  | 
      
      
        | 
           
			 | 
        the county commissioners court, and to fund the payment of the  | 
      
      
        | 
           
			 | 
        principal of, interest on, and costs of issuance of bonds,  | 
      
      
        | 
           
			 | 
        including refunding bonds, issued for the construction,  | 
      
      
        | 
           
			 | 
        renovation, or improvement of Cameron County court facilities, if  | 
      
      
        | 
           
			 | 
        authorized by the county commissioners court (Sec. 51.711,  | 
      
      
        | 
           
			 | 
        Government Code) . . . not more than $20; | 
      
      
        | 
           
			 | 
                           (I)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Starr County court facilities, if authorized by the  | 
      
      
        | 
           
			 | 
        county commissioners court, and to fund the payment of the  | 
      
      
        | 
           
			 | 
        principal of, interest on, and costs of issuance of bonds issued for  | 
      
      
        | 
           
			 | 
        the construction, renovation, or improvement of Starr County court  | 
      
      
        | 
           
			 | 
        facilities, if authorized by the county commissioners court (Sec.  | 
      
      
        | 
           
			 | 
        51.713, Government Code) . . . not more than $20; and | 
      
      
        | 
           
			 | 
                           (J)  to fund judicial and court personnel training  | 
      
      
        | 
           
			 | 
        (Sec. 51.971, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                     (8)  the official court reporter's fee taxed as costs in  | 
      
      
        | 
           
			 | 
        civil actions in a statutory county court: | 
      
      
        | 
           
			 | 
                           (A)  in Bexar County Courts at Law Nos. 3, 4, 5, 6,  | 
      
      
        | 
           
			 | 
        7, 8, 9, 10, 11, 12, 13, 14, and 15 (Sec. 25.0172, Government Code)  | 
      
      
        | 
           
			 | 
        . . . taxed in the same manner as the fee is taxed in district  | 
      
      
        | 
           
			 | 
        court; | 
      
      
        | 
           
			 | 
                           (B)  in Galveston County (Sec. 25.0862,  | 
      
      
        | 
           
			 | 
        Government Code) . . . taxed in the same manner as the fee is taxed  | 
      
      
        | 
           
			 | 
        in civil cases in the district courts; | 
      
      
        | 
           
			 | 
                           (C)  in Harris County (Sec. 25.1032, Government  | 
      
      
        | 
           
			 | 
        Code) . . . taxed in the same manner as the fee is taxed in civil  | 
      
      
        | 
           
			 | 
        cases in the district courts; and | 
      
      
        | 
           
			 | 
                           (D)  in Parker County (Sec. 25.1862, Government  | 
      
      
        | 
           
			 | 
        Code) . . . taxed in the same manner as the fee is taxed in civil  | 
      
      
        | 
           
			 | 
        cases in the district courts; | 
      
      
        | 
           
			 | 
                     (9)  in Nueces County, in matters of concurrent  | 
      
      
        | 
           
			 | 
        jurisdiction with the district court, with certain exceptions, fees  | 
      
      
        | 
           
			 | 
        (Sec. 25.1802, Government Code) . . . equal to those in district  | 
      
      
        | 
           
			 | 
        court cases; | 
      
      
        | 
           
			 | 
                     (10)  a fee not otherwise listed in this subchapter  | 
      
      
        | 
           
			 | 
        that is required to be collected under Section 25.0008, Government  | 
      
      
        | 
           
			 | 
        Code, in a county other than Brazos, Cameron, Ellis, Guadalupe,  | 
      
      
        | 
           
			 | 
        Harris, Henderson, Liberty, Moore, Nolan, Panola, Parker, Starr,  | 
      
      
        | 
           
			 | 
        Victoria, and Williamson . . . as prescribed by law relating to  | 
      
      
        | 
           
			 | 
        county judges' fees; | 
      
      
        | 
           
			 | 
                     (11)  at a hearing held by an associate judge appointed  | 
      
      
        | 
           
			 | 
        under Subchapter B, Chapter 54A, Government Code, a court cost to  | 
      
      
        | 
           
			 | 
        preserve the record, in the absence of a court reporter, by any  | 
      
      
        | 
           
			 | 
        means approved by the associate judge (Sec. 54A.110, Government  | 
      
      
        | 
           
			 | 
        Code) . . . as assessed by the referring court or associate judge;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (12)  statewide electronic filing system fund fee (Sec.  | 
      
      
        | 
           
			 | 
        51.851, Government Code) . . . $30. | 
      
      
        | 
           
			 | 
               (b)  The following provisions of the Government Code are  | 
      
      
        | 
           
			 | 
        repealed: | 
      
      
        | 
           
			 | 
                     (1)  Section 101.08111; | 
      
      
        | 
           
			 | 
                     (2)  Section 101.081193; and | 
      
      
        | 
           
			 | 
                     (3)  Section 101.081195. | 
      
      
        | 
           
			 | 
               SECTION 8.104.  (a) Section 101.1011, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 101.1011.  STATUTORY PROBATE COURT FEES AND COSTS:   | 
      
      
        | 
           
			 | 
        GOVERNMENT CODE.  The clerk of a statutory probate court shall  | 
      
      
        | 
           
			 | 
        collect fees and costs under the Government Code as follows: | 
      
      
        | 
           
			 | 
                     (1)  appellate judicial system filing fees: | 
      
      
        | 
           
			 | 
                           (A)  First or Fourteenth Court of Appeals District  | 
      
      
        | 
           
			 | 
        (Sec. 22.2021, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (B)  Second Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2031, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (C)  Third Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2041, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (D)  Fourth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2051, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (E)  Fifth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2061, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (E-1)  Sixth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2071, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (E-2)  Seventh Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2081, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (E-3)  Eighth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2091, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (F)  Ninth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2101, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (G)  Eleventh Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2121, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (G-1)  Twelfth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2131, Government Code) . . . $5; and | 
      
      
        | 
           
			 | 
                           (H)  Thirteenth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2141, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                     (2)  additional filing fees as follows: | 
      
      
        | 
           
			 | 
                           (A)  for certain cases to be used for  | 
      
      
        | 
           
			 | 
        court-related purposes for support of the judiciary (Sec. 51.704,  | 
      
      
        | 
           
			 | 
        Government Code) . . . $40; | 
      
      
        | 
           
			 | 
                           (B)  to fund the improvement of Dallas County  | 
      
      
        | 
           
			 | 
        civil court facilities, if authorized by the county commissioners  | 
      
      
        | 
           
			 | 
        court (Sec. 51.705, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                           (B-1)  to fund the improvement of Bexar County  | 
      
      
        | 
           
			 | 
        court facilities, if authorized by the county commissioners court  | 
      
      
        | 
           
			 | 
        (Sec. 51.706, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                           (C)  to fund the improvement of Hays County court  | 
      
      
        | 
           
			 | 
        facilities, if authorized by the county commissioners court (Sec.  | 
      
      
        | 
           
			 | 
        51.707, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                           (D)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Rockwall County court facilities, if authorized by  | 
      
      
        | 
           
			 | 
        the county commissioners court (Sec. 51.709, Government Code) . . .  | 
      
      
        | 
           
			 | 
        not more than $15; | 
      
      
        | 
           
			 | 
                           (E)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Travis County court facilities, if authorized by the  | 
      
      
        | 
           
			 | 
        county commissioners court (Sec. 51.710, Government Code) . . . not  | 
      
      
        | 
           
			 | 
        more than $15; [and] | 
      
      
        | 
           
			 | 
                           (F)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Hidalgo County court facilities, if authorized by  | 
      
      
        | 
           
			 | 
        the county commissioners court, and to fund the payment of the  | 
      
      
        | 
           
			 | 
        principal of, interest on, and costs of issuance of bonds,  | 
      
      
        | 
           
			 | 
        including refunding bonds, issued for the construction,  | 
      
      
        | 
           
			 | 
        renovation, or improvement of Hidalgo County court facilities, if  | 
      
      
        | 
           
			 | 
        authorized by the county commissioners court (Sec. 51.711,  | 
      
      
        | 
           
			 | 
        Government Code) . . . not more than $20; and | 
      
      
        | 
           
			 | 
                           (G)  to fund judicial and court personnel training  | 
      
      
        | 
           
			 | 
        (Sec. 51.971, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                     (3)  jury fee for civil case (Sec. 51.604, Government  | 
      
      
        | 
           
			 | 
        Code) . . . $40; | 
      
      
        | 
           
			 | 
                     (4)  the expense of preserving the record as a court  | 
      
      
        | 
           
			 | 
        cost, if imposed on a party by the referring court or associate  | 
      
      
        | 
           
			 | 
        judge (Sec. 54A.211, Government Code) . . . actual cost; | 
      
      
        | 
           
			 | 
                     (5)  a fee not otherwise listed in this subchapter that  | 
      
      
        | 
           
			 | 
        is required to be collected under Section 25.0029, Government Code  | 
      
      
        | 
           
			 | 
        (Sec. 25.0029, Government Code) . . . as prescribed by law relating  | 
      
      
        | 
           
			 | 
        to county judges' fees; and | 
      
      
        | 
           
			 | 
                     (6)  statewide electronic filing system fund fee (Sec.  | 
      
      
        | 
           
			 | 
        51.851, Government Code) . . . $30. | 
      
      
        | 
           
			 | 
               (b)  Sections 101.10111 and 101.101192, Government Code, are  | 
      
      
        | 
           
			 | 
        repealed. | 
      
      
        | 
           
			 | 
               SECTION 8.105.  (a) Section 101.1212, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 101.1212.  COUNTY COURT FEES AND COSTS:  GOVERNMENT  | 
      
      
        | 
           
			 | 
        CODE.  The clerk of a county court shall collect the following fees  | 
      
      
        | 
           
			 | 
        and costs under the Government Code: | 
      
      
        | 
           
			 | 
                     (1)  appellate judicial system filing fees: | 
      
      
        | 
           
			 | 
                           (A)  First or Fourteenth Court of Appeals District  | 
      
      
        | 
           
			 | 
        (Sec. 22.2021, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (B)  Second Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2031, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (C)  Third Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2041, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (D)  Fourth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2051, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (E)  Fifth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2061, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (E-1)  Sixth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2071, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (E-2)  Seventh Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2081, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (E-3)  Eighth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2091, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (F)  Ninth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2101, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (G)  Eleventh Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2121, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (G-1)  Twelfth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2131, Government Code) . . . $5; and | 
      
      
        | 
           
			 | 
                           (H)  Thirteenth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2141, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                     (2)  a jury fee (Sec. 51.604, Government Code) . . .  | 
      
      
        | 
           
			 | 
        $40; | 
      
      
        | 
           
			 | 
                     (3)  a filing fee in each civil case filed to be used  | 
      
      
        | 
           
			 | 
        for court-related purposes for the support of the judiciary (Sec.  | 
      
      
        | 
           
			 | 
        51.703, Government Code) . . . $40; | 
      
      
        | 
           
			 | 
                     (4)  a filing fee to fund the preservation of court  | 
      
      
        | 
           
			 | 
        records (Sec. 51.708, Government Code) . . . not more than $10; | 
      
      
        | 
           
			 | 
                     (4-a)  an additional filing fee: | 
      
      
        | 
           
			 | 
                           (A)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Willacy County court facilities, if authorized by  | 
      
      
        | 
           
			 | 
        the county commissioners court, and to fund the payment of the  | 
      
      
        | 
           
			 | 
        principal of, interest on, and costs of issuance of bonds issued for  | 
      
      
        | 
           
			 | 
        the construction, renovation, or improvement of Willacy County  | 
      
      
        | 
           
			 | 
        court facilities, if authorized by the county commissioners court  | 
      
      
        | 
           
			 | 
        (Sec. 51.713, Government Code) . . . not more than $20; and | 
      
      
        | 
           
			 | 
                           (B)  to fund judicial and court personnel training  | 
      
      
        | 
           
			 | 
        (Sec. 51.971, Government Code) . . . $5; and | 
      
      
        | 
           
			 | 
                     (5)  a statewide electronic filing system fund fee  | 
      
      
        | 
           
			 | 
        (Sec. 51.851, Government Code) . . . $30. | 
      
      
        | 
           
			 | 
               (b)  Sections 101.12121 and 101.12122, Government Code, are  | 
      
      
        | 
           
			 | 
        repealed. | 
      
      
        | 
           
			 | 
               SECTION 8.106.  (a) Section 101.141(b), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  A clerk of a justice court shall collect fees and costs  | 
      
      
        | 
           
			 | 
        under other laws as follows: | 
      
      
        | 
           
			 | 
                     (1)  the cost of a special program that a court may  | 
      
      
        | 
           
			 | 
        order a child to attend after a finding that the child committed an  | 
      
      
        | 
           
			 | 
        offense, if ordered by the court (Art. 45.057, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure) . . . costs of the program not to exceed $100; | 
      
      
        | 
           
			 | 
                     (2)  additional filing fees: | 
      
      
        | 
           
			 | 
                           (A)  to fund Dallas County civil court facilities  | 
      
      
        | 
           
			 | 
        (Sec. 51.705, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                           (B)  for filing any civil action or proceeding  | 
      
      
        | 
           
			 | 
        requiring a filing fee, including an appeal, and on the filing of  | 
      
      
        | 
           
			 | 
        any counterclaim, cross-action, intervention, interpleader, or  | 
      
      
        | 
           
			 | 
        third-party action requiring a filing fee, to fund civil legal  | 
      
      
        | 
           
			 | 
        services for the indigent (Sec. 133.153, Local Government Code)  | 
      
      
        | 
           
			 | 
        . . . $6; | 
      
      
        | 
           
			 | 
                           (C)  to fund the improvement of Hays County court  | 
      
      
        | 
           
			 | 
        facilities, if authorized by the county commissioners court (Sec.  | 
      
      
        | 
           
			 | 
        51.707, Government Code) . . . not more than $15; [and] | 
      
      
        | 
           
			 | 
                           (D)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Rockwall County court facilities, if authorized by  | 
      
      
        | 
           
			 | 
        the county commissioners court (Sec. 51.709, Government Code) . . .  | 
      
      
        | 
           
			 | 
        not more than $15; | 
      
      
        | 
           
			 | 
                           (E)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Willacy County court facilities, if authorized by  | 
      
      
        | 
           
			 | 
        the county commissioners court, and to fund the payment of the  | 
      
      
        | 
           
			 | 
        principal of, interest on, and costs of issuance of bonds issued for  | 
      
      
        | 
           
			 | 
        the construction, renovation, or improvement of Willacy County  | 
      
      
        | 
           
			 | 
        court facilities, if authorized by the county commissioners court  | 
      
      
        | 
           
			 | 
        (Sec. 51.713, Government Code) . . . not more than $20; | 
      
      
        | 
           
			 | 
                           (F)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Starr County court facilities, if authorized by the  | 
      
      
        | 
           
			 | 
        county commissioners court, and to fund the payment of the  | 
      
      
        | 
           
			 | 
        principal of, interest on, and costs of issuance of bonds issued for  | 
      
      
        | 
           
			 | 
        the construction, renovation, or improvement of Starr County court  | 
      
      
        | 
           
			 | 
        facilities, if authorized by the county commissioners court (Sec.  | 
      
      
        | 
           
			 | 
        51.713, Government Code) . . . not more than $20; and | 
      
      
        | 
           
			 | 
                           (G)  to fund judicial and court personnel training  | 
      
      
        | 
           
			 | 
        (Sec. 51.971, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                     (3)  for filing a suit in Comal County (Sec. 152.0522,  | 
      
      
        | 
           
			 | 
        Human Resources Code) . . . $1.50; | 
      
      
        | 
           
			 | 
                     (4)  fee for hearing on probable cause for removal of a  | 
      
      
        | 
           
			 | 
        vehicle and placement in a storage facility if assessed by the court  | 
      
      
        | 
           
			 | 
        (Sec. 2308.457, Occupations Code) . . . $20; and | 
      
      
        | 
           
			 | 
                     (5)  statewide electronic filing system fund fee (Sec.  | 
      
      
        | 
           
			 | 
        51.851, Government Code) . . . $10. | 
      
      
        | 
           
			 | 
               (b)  Sections 101.1411 and 101.143, Government Code, are  | 
      
      
        | 
           
			 | 
        repealed. | 
      
      
        | 
           
			 | 
               SECTION 8.107.  (a) Section 103.021, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to the amendment of Article 42A.301, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure, by Chapter 109 (S.B. 1584), Acts of the 85th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2017, and is further amended to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               Sec. 103.021.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR  | 
      
      
        | 
           
			 | 
        CIVIL CASES:  CODE OF CRIMINAL PROCEDURE.  An accused or defendant,  | 
      
      
        | 
           
			 | 
        or a party to a civil suit, as applicable, shall pay the following  | 
      
      
        | 
           
			 | 
        fees and costs under the Code of Criminal Procedure if ordered by  | 
      
      
        | 
           
			 | 
        the court or otherwise required: | 
      
      
        | 
           
			 | 
                     (1)  a personal bond fee (Art. 17.42, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure) . . . the greater of $20 or three percent of the amount  | 
      
      
        | 
           
			 | 
        of the bail fixed for the accused; | 
      
      
        | 
           
			 | 
                     (2)  cost of electronic monitoring as a condition of  | 
      
      
        | 
           
			 | 
        release on personal bond (Art. 17.43, Code of Criminal Procedure)  | 
      
      
        | 
           
			 | 
        . . . actual cost; | 
      
      
        | 
           
			 | 
                     (3)  a fee for verification of and monitoring of motor  | 
      
      
        | 
           
			 | 
        vehicle ignition interlock (Art. 17.441, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure) . . . not to exceed $10; | 
      
      
        | 
           
			 | 
                     (3-a)  costs associated with operating a global  | 
      
      
        | 
           
			 | 
        positioning monitoring system as a condition of release on bond  | 
      
      
        | 
           
			 | 
        (Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,  | 
      
      
        | 
           
			 | 
        subject to a determination of indigency; | 
      
      
        | 
           
			 | 
                     (3-b)  costs associated with providing a defendant's  | 
      
      
        | 
           
			 | 
        victim with an electronic receptor device as a condition of the  | 
      
      
        | 
           
			 | 
        defendant's release on bond (Art. 17.49(b)(3), Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure) . . . actual costs, subject to a determination of  | 
      
      
        | 
           
			 | 
        indigency; | 
      
      
        | 
           
			 | 
                     (4)  repayment of reward paid by a crime stoppers  | 
      
      
        | 
           
			 | 
        organization on conviction of a felony (Art. 37.073, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure) . . . amount ordered; | 
      
      
        | 
           
			 | 
                     (5)  reimbursement to general revenue fund for payments  | 
      
      
        | 
           
			 | 
        made to victim of an offense as condition of community supervision  | 
      
      
        | 
           
			 | 
        (Art. 42A.301(b)(17) [42A.301(17)], Code of Criminal Procedure)  | 
      
      
        | 
           
			 | 
        . . . not to exceed $50 for a misdemeanor offense or $100 for a  | 
      
      
        | 
           
			 | 
        felony offense; | 
      
      
        | 
           
			 | 
                     (6)  payment to a crime stoppers organization as  | 
      
      
        | 
           
			 | 
        condition of community supervision (Art. 42A.301(b)(20)  | 
      
      
        | 
           
			 | 
        [42A.301(20)], Code of Criminal Procedure) . . . not to exceed $50; | 
      
      
        | 
           
			 | 
                     (7)  children's advocacy center fee (Art. 42A.455, Code  | 
      
      
        | 
           
			 | 
        of Criminal Procedure) . . . not to exceed $50; | 
      
      
        | 
           
			 | 
                     (8)  family violence center fee (Art. 42A.504(b), Code  | 
      
      
        | 
           
			 | 
        of Criminal Procedure) . . . $100; | 
      
      
        | 
           
			 | 
                     (9)  community supervision fee (Art. 42A.652(a), Code  | 
      
      
        | 
           
			 | 
        of Criminal Procedure) . . . not less than $25 or more than $60 per  | 
      
      
        | 
           
			 | 
        month; | 
      
      
        | 
           
			 | 
                     (10)  additional community supervision fee for certain  | 
      
      
        | 
           
			 | 
        offenses (Art. 42A.653(a), Code of Criminal Procedure) . . . $5 per  | 
      
      
        | 
           
			 | 
        month; | 
      
      
        | 
           
			 | 
                     (11)  for certain financially able sex offenders as a  | 
      
      
        | 
           
			 | 
        condition of community supervision, the costs of treatment,  | 
      
      
        | 
           
			 | 
        specialized supervision, or rehabilitation (Art. 42A.452, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure) . . . all or part of the reasonable and  | 
      
      
        | 
           
			 | 
        necessary costs of the treatment, supervision, or rehabilitation as  | 
      
      
        | 
           
			 | 
        determined by the judge; | 
      
      
        | 
           
			 | 
                     (12)  fee for failure to appear for trial in a justice  | 
      
      
        | 
           
			 | 
        or municipal court if a jury trial is not waived (Art. 45.026, Code  | 
      
      
        | 
           
			 | 
        of Criminal Procedure) . . . costs incurred for impaneling the  | 
      
      
        | 
           
			 | 
        jury; | 
      
      
        | 
           
			 | 
                     (13)  costs of certain testing, assessments, or  | 
      
      
        | 
           
			 | 
        programs during a deferral period (Art. 45.051, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure) . . . amount ordered; | 
      
      
        | 
           
			 | 
                     (14)  special expense on dismissal of certain  | 
      
      
        | 
           
			 | 
        misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)  | 
      
      
        | 
           
			 | 
        . . . not to exceed amount of fine assessed; | 
      
      
        | 
           
			 | 
                     (15)  an additional fee: | 
      
      
        | 
           
			 | 
                           (A)  for a copy of the defendant's driving record  | 
      
      
        | 
           
			 | 
        to be requested from the Department of Public Safety by the judge  | 
      
      
        | 
           
			 | 
        (Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal  | 
      
      
        | 
           
			 | 
        to the sum of the fee established by Section 521.048,  | 
      
      
        | 
           
			 | 
        Transportation Code, and the state electronic Internet portal fee; | 
      
      
        | 
           
			 | 
                           (B)  as an administrative fee for requesting a  | 
      
      
        | 
           
			 | 
        driving safety course or a course under the motorcycle operator  | 
      
      
        | 
           
			 | 
        training and safety program for certain traffic offenses to cover  | 
      
      
        | 
           
			 | 
        the cost of administering the article (Art. 45.0511(f)(1), Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure) . . . not to exceed $10; or | 
      
      
        | 
           
			 | 
                           (C)  for requesting a driving safety course or a  | 
      
      
        | 
           
			 | 
        course under the motorcycle operator training and safety program  | 
      
      
        | 
           
			 | 
        before the final disposition of the case (Art. 45.0511(f)(2), Code  | 
      
      
        | 
           
			 | 
        of Criminal Procedure) . . . not to exceed the maximum amount of the  | 
      
      
        | 
           
			 | 
        fine for the offense committed by the defendant; | 
      
      
        | 
           
			 | 
                     (16)  a request fee for teen court program (Art.  | 
      
      
        | 
           
			 | 
        45.052, Code of Criminal Procedure) . . . $20, if the court  | 
      
      
        | 
           
			 | 
        ordering the fee is located in the Texas-Louisiana border region,  | 
      
      
        | 
           
			 | 
        but otherwise not to exceed $10; | 
      
      
        | 
           
			 | 
                     (17)  a fee to cover costs of required duties of teen  | 
      
      
        | 
           
			 | 
        court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the  | 
      
      
        | 
           
			 | 
        court ordering the fee is located in the Texas-Louisiana border  | 
      
      
        | 
           
			 | 
        region, but otherwise $10; | 
      
      
        | 
           
			 | 
                     (18)  a mileage fee for officer performing certain  | 
      
      
        | 
           
			 | 
        services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per  | 
      
      
        | 
           
			 | 
        mile; | 
      
      
        | 
           
			 | 
                     (19)  certified mailing of notice of hearing date (Art.  | 
      
      
        | 
           
			 | 
        102.006, Code of Criminal Procedure) . . . $1, plus postage; | 
      
      
        | 
           
			 | 
                     (20)  certified mailing of certified copies of an order  | 
      
      
        | 
           
			 | 
        of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,  | 
      
      
        | 
           
			 | 
        plus postage; | 
      
      
        | 
           
			 | 
                     (20-a)  a fee to defray the cost of notifying state  | 
      
      
        | 
           
			 | 
        agencies of orders of expungement (Art. 45.0216, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure) . . . $30 per application; | 
      
      
        | 
           
			 | 
                     (20-b) a fee to defray the cost of notifying state  | 
      
      
        | 
           
			 | 
        agencies of orders of expunction (Art. 102.006, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure) . . . $100 per petition; | 
      
      
        | 
           
			 | 
                     (21)  sight orders: | 
      
      
        | 
           
			 | 
                           (A)  if the face amount of the check or sight order  | 
      
      
        | 
           
			 | 
        does not exceed $10 (Art. 102.007, Code of Criminal Procedure)  | 
      
      
        | 
           
			 | 
        . . . not to exceed $10; | 
      
      
        | 
           
			 | 
                           (B)  if the face amount of the check or sight order  | 
      
      
        | 
           
			 | 
        is greater than $10 but does not exceed $100 (Art. 102.007, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure) . . . not to exceed $15; | 
      
      
        | 
           
			 | 
                           (C)  if the face amount of the check or sight order  | 
      
      
        | 
           
			 | 
        is greater than $100 but does not exceed $300 (Art. 102.007, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure) . . . not to exceed $30; | 
      
      
        | 
           
			 | 
                           (D)  if the face amount of the check or sight order  | 
      
      
        | 
           
			 | 
        is greater than $300 but does not exceed $500 (Art. 102.007, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure) . . . not to exceed $50; and | 
      
      
        | 
           
			 | 
                           (E)  if the face amount of the check or sight order  | 
      
      
        | 
           
			 | 
        is greater than $500 (Art. 102.007, Code of Criminal Procedure)  | 
      
      
        | 
           
			 | 
        . . . not to exceed $75; | 
      
      
        | 
           
			 | 
                     (22)  fees for a pretrial intervention program: | 
      
      
        | 
           
			 | 
                           (A)  a supervision fee (Art. 102.012(a), Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure) . . . $60 a month plus expenses; and | 
      
      
        | 
           
			 | 
                           (B)  a district attorney, criminal district  | 
      
      
        | 
           
			 | 
        attorney, or county attorney administrative fee (Art. 102.0121,  | 
      
      
        | 
           
			 | 
        Code of Criminal Procedure) . . . not to exceed $500; | 
      
      
        | 
           
			 | 
                     (23)  parking fee violations for child safety fund in  | 
      
      
        | 
           
			 | 
        municipalities with populations: | 
      
      
        | 
           
			 | 
                           (A)  greater than 850,000 (Art. 102.014, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure) . . . not less than $2 and not to exceed $5; and | 
      
      
        | 
           
			 | 
                           (B)  less than 850,000 (Art. 102.014, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure) . . . not to exceed $5; | 
      
      
        | 
           
			 | 
                     (24)  an administrative fee for collection of fines,  | 
      
      
        | 
           
			 | 
        fees, restitution, or other costs (Art. 102.072, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure) . . . not to exceed $2 for each transaction; | 
      
      
        | 
           
			 | 
                     (25)  a collection fee, if authorized by the  | 
      
      
        | 
           
			 | 
        commissioners court of a county or the governing body of a  | 
      
      
        | 
           
			 | 
        municipality, for certain debts and accounts receivable, including  | 
      
      
        | 
           
			 | 
        unpaid fines, fees, court costs, forfeited bonds, and restitution  | 
      
      
        | 
           
			 | 
        ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30  | 
      
      
        | 
           
			 | 
        percent of an amount more than 60 days past due; and | 
      
      
        | 
           
			 | 
                     (26)  a cost on conviction for the truancy prevention  | 
      
      
        | 
           
			 | 
        and diversion fund (Art. 102.015, Code of Criminal Procedure) . . .  | 
      
      
        | 
           
			 | 
        $2. | 
      
      
        | 
           
			 | 
               (b)  Section 103.02101, Government Code, is repealed. | 
      
      
        | 
           
			 | 
               SECTION 8.108.  (a) Section 103.027(a), Government Code, as  | 
      
      
        | 
           
			 | 
        effective September 1, 2019, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Fees and costs shall be paid or collected under the  | 
      
      
        | 
           
			 | 
        Government Code as follows: | 
      
      
        | 
           
			 | 
                     (1)  filing a certified copy of a judicial finding of  | 
      
      
        | 
           
			 | 
        fact and conclusion of law if charged by the secretary of state  | 
      
      
        | 
           
			 | 
        (Sec. 51.905, Government Code) . . . $15; | 
      
      
        | 
           
			 | 
                     (2)  cost paid by each surety posting the bail bond for  | 
      
      
        | 
           
			 | 
        an offense other than a misdemeanor punishable by fine only under  | 
      
      
        | 
           
			 | 
        Chapter 17, Code of Criminal Procedure, for the assistant  | 
      
      
        | 
           
			 | 
        prosecutor supplement fund and the fair defense account (Sec.  | 
      
      
        | 
           
			 | 
        41.258, Government Code) . . . $15, provided the cost does not  | 
      
      
        | 
           
			 | 
        exceed $30 for all bail bonds posted at that time for an individual  | 
      
      
        | 
           
			 | 
        and the cost is not required on the posting of a personal or cash  | 
      
      
        | 
           
			 | 
        bond; | 
      
      
        | 
           
			 | 
                     (3)  to participate in a court proceeding in this  | 
      
      
        | 
           
			 | 
        state, a nonresident attorney fee (Sec. 82.0361, Government Code)  | 
      
      
        | 
           
			 | 
        . . . $250 except as waived or reduced under supreme court rules for  | 
      
      
        | 
           
			 | 
        representing an indigent person; | 
      
      
        | 
           
			 | 
                     (4)  on a party's appeal of a final decision in a  | 
      
      
        | 
           
			 | 
        contested case, the cost of preparing the original or a certified  | 
      
      
        | 
           
			 | 
        copy of the record of the agency proceeding, if required by the  | 
      
      
        | 
           
			 | 
        agency's rule, as a court cost (Sec. 2001.177, Government Code)  | 
      
      
        | 
           
			 | 
        . . . as assessed by the court, all or part of the cost of  | 
      
      
        | 
           
			 | 
        preparation; | 
      
      
        | 
           
			 | 
                     (5)  a program fee for a drug court program (Sec.  | 
      
      
        | 
           
			 | 
        123.004, Government Code) . . . not to exceed $1,000; | 
      
      
        | 
           
			 | 
                     (6)  an alcohol or controlled substance testing,  | 
      
      
        | 
           
			 | 
        counseling, and treatment fee (Sec. 123.004, Government Code) . . .  | 
      
      
        | 
           
			 | 
        the amount necessary to cover the costs of testing, counseling, and  | 
      
      
        | 
           
			 | 
        treatment; | 
      
      
        | 
           
			 | 
                     (7)  a reasonable program fee for a veterans treatment  | 
      
      
        | 
           
			 | 
        court program (Sec. 124.005, Government Code) . . . not to exceed  | 
      
      
        | 
           
			 | 
        $1,000; | 
      
      
        | 
           
			 | 
                     (8)  a testing, counseling, and treatment fee for  | 
      
      
        | 
           
			 | 
        testing, counseling, or treatment performed or provided under a  | 
      
      
        | 
           
			 | 
        veterans treatment court program (Sec. 124.005, Government Code)  | 
      
      
        | 
           
			 | 
        . . . the amount necessary to cover the costs of testing,  | 
      
      
        | 
           
			 | 
        counseling, or treatment; | 
      
      
        | 
           
			 | 
                     (9)  a nonrefundable program fee for a commercially  | 
      
      
        | 
           
			 | 
        sexually exploited persons court program (Sec. 126.006, Government  | 
      
      
        | 
           
			 | 
        Code) . . . a reasonable amount not to exceed $1,000, which must  | 
      
      
        | 
           
			 | 
        include a counseling and services fee in an amount necessary to  | 
      
      
        | 
           
			 | 
        cover the costs of counseling and services provided by the program,  | 
      
      
        | 
           
			 | 
        a victim services fee in an amount equal to 10 percent of the total  | 
      
      
        | 
           
			 | 
        fee, and a law enforcement training fee in an amount equal to five  | 
      
      
        | 
           
			 | 
        percent of the total fee; | 
      
      
        | 
           
			 | 
                     (9-a)  a reasonable program fee for a public safety  | 
      
      
        | 
           
			 | 
        employees treatment court program (Sec. 129.006, Government Code)  | 
      
      
        | 
           
			 | 
        . . . not to exceed $1,000; | 
      
      
        | 
           
			 | 
                     (9-b)  a testing, counseling, and treatment fee for  | 
      
      
        | 
           
			 | 
        testing, counseling, or treatment performed or provided under a  | 
      
      
        | 
           
			 | 
        public safety employees treatment court program (Sec. 129.006,  | 
      
      
        | 
           
			 | 
        Government Code) . . . the amount necessary to cover the costs of  | 
      
      
        | 
           
			 | 
        testing, counseling, or treatment; and | 
      
      
        | 
           
			 | 
                     (10)  a district court records archive fee for the  | 
      
      
        | 
           
			 | 
        filing of a suit, including an appeal from an inferior court, or a  | 
      
      
        | 
           
			 | 
        cross-action, counterclaim, intervention, contempt action, motion  | 
      
      
        | 
           
			 | 
        for new trial, or third-party petition, in any court in the county  | 
      
      
        | 
           
			 | 
        for which the district clerk accepts filings, if authorized by the  | 
      
      
        | 
           
			 | 
        county commissioners court (Sec. 51.305, Government Code) . . . not  | 
      
      
        | 
           
			 | 
        more than $5. | 
      
      
        | 
           
			 | 
               (b)  Sections 103.02714 and 103.02715, Government Code, are  | 
      
      
        | 
           
			 | 
        repealed. | 
      
      
        | 
           
			 | 
        ARTICLE 9.  CHANGES RELATING TO HEALTH AND SAFETY CODE | 
      
      
        | 
           
			 | 
               SECTION 9.001.  Section 364.034(a-1), Health and Safety  | 
      
      
        | 
           
			 | 
        Code, as added by Chapters 70 (S.B. 1229) and 143 (H.B. 1584), Acts  | 
      
      
        | 
           
			 | 
        of the 85th Legislature, Regular Session, 2017, is reenacted and  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a-1)  Notwithstanding Subsection (a)(2), a person is not  | 
      
      
        | 
           
			 | 
        required to use solid waste disposal services offered by a county[, 
         | 
      
      
        | 
           
			 | 
        
          as authorized under Section 364.011(a-1),] to persons in an area of  | 
      
      
        | 
           
			 | 
        the county located within the extraterritorial jurisdiction of a  | 
      
      
        | 
           
			 | 
        municipality that does not provide solid waste disposal services in  | 
      
      
        | 
           
			 | 
        that area if: | 
      
      
        | 
           
			 | 
                     (1)  the person contracts for solid waste disposal  | 
      
      
        | 
           
			 | 
        services with a provider that meets rules adopted by the commission  | 
      
      
        | 
           
			 | 
        for the regulation of solid waste disposal; or | 
      
      
        | 
           
			 | 
                     (2)  the person is a private entity that contracts to  | 
      
      
        | 
           
			 | 
        provide temporary solid waste disposal services to a construction  | 
      
      
        | 
           
			 | 
        site or project by furnishing a roll-off container used to  | 
      
      
        | 
           
			 | 
        transport construction waste or demolition debris to a facility for  | 
      
      
        | 
           
			 | 
        disposal or recycling. | 
      
      
        | 
           
			 | 
               SECTION 9.002.  Section 394.001(1), Health and Safety Code,  | 
      
      
        | 
           
			 | 
        as amended and repealed by Chapter 755 (S.B. 1731), Acts of the 85th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2017, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
                     (1)  "Certified" includes: | 
      
      
        | 
           
			 | 
                           (A)  new vehicle or new engine certification by  | 
      
      
        | 
           
			 | 
        the United States Environmental Protection Agency; or | 
      
      
        | 
           
			 | 
                           (B)  certification or approval by the United  | 
      
      
        | 
           
			 | 
        States Environmental Protection Agency of a system to convert a  | 
      
      
        | 
           
			 | 
        vehicle or engine to operate on an alternative fuel and a  | 
      
      
        | 
           
			 | 
        demonstration by the emissions data used to certify or approve the  | 
      
      
        | 
           
			 | 
        vehicle or engine, if the commission determines the testing used to  | 
      
      
        | 
           
			 | 
        obtain the emissions data is consistent with the testing required  | 
      
      
        | 
           
			 | 
        for approval of an alternative fuel conversion system for new and  | 
      
      
        | 
           
			 | 
        relatively new vehicles or engines under 40 C.F.R. Part 85. | 
      
      
        | 
           
			 | 
        ARTICLE 10.  CHANGES RELATING TO HUMAN RESOURCES CODE | 
      
      
        | 
           
			 | 
               SECTION 10.001.  Sections 40.040(a) and (b), Human Resources  | 
      
      
        | 
           
			 | 
        Code, as added by Chapter 1136 (H.B. 249), Acts of the 85th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2017, are repealed as duplicative of  | 
      
      
        | 
           
			 | 
        Sections 40.040(a) and (b), Human Resources Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 319 (S.B. 11), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017. | 
      
      
        | 
           
			 | 
               SECTION 10.002.  Section 40.0581(f), Human Resources Code,  | 
      
      
        | 
           
			 | 
        as added by Chapter 1136 (H.B. 249), Acts of the 85th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2017, is repealed as duplicative of Section  | 
      
      
        | 
           
			 | 
        40.0581(f), Human Resources Code, as added by Chapter 319 (S.B.  | 
      
      
        | 
           
			 | 
        11), Acts of the 85th Legislature, Regular Session, 2017. | 
      
      
        | 
           
			 | 
               SECTION 10.003.  Section 42.041(b), Human Resources Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 244 (H.B. 871) and 317 (H.B. 7), Acts of the  | 
      
      
        | 
           
			 | 
        85th Legislature, Regular Session, 2017, is reenacted and amended  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               (b)  This section does not apply to: | 
      
      
        | 
           
			 | 
                     (1)  a state-operated facility; | 
      
      
        | 
           
			 | 
                     (2)  an agency foster home; | 
      
      
        | 
           
			 | 
                     (3)  a facility that is operated in connection with a  | 
      
      
        | 
           
			 | 
        shopping center, business, religious organization, or  | 
      
      
        | 
           
			 | 
        establishment where children are cared for during short periods  | 
      
      
        | 
           
			 | 
        while parents or persons responsible for the children are attending  | 
      
      
        | 
           
			 | 
        religious services, shopping, or engaging in other activities,  | 
      
      
        | 
           
			 | 
        including retreats or classes for religious instruction, on or near  | 
      
      
        | 
           
			 | 
        the premises, that does not advertise as a child-care facility or  | 
      
      
        | 
           
			 | 
        day-care center, and that informs parents that it is not licensed by  | 
      
      
        | 
           
			 | 
        the state; | 
      
      
        | 
           
			 | 
                     (4)  a school or class for religious instruction that  | 
      
      
        | 
           
			 | 
        does not last longer than two weeks and is conducted by a religious  | 
      
      
        | 
           
			 | 
        organization during the summer months; | 
      
      
        | 
           
			 | 
                     (5)  a youth camp licensed by the Department of State  | 
      
      
        | 
           
			 | 
        Health Services; | 
      
      
        | 
           
			 | 
                     (6)  a facility licensed, operated, certified, or  | 
      
      
        | 
           
			 | 
        registered by another state agency; | 
      
      
        | 
           
			 | 
                     (7)  an educational facility that is accredited by the  | 
      
      
        | 
           
			 | 
        Texas Education Agency, the Southern Association of Colleges and  | 
      
      
        | 
           
			 | 
        Schools, or an accreditation body that is a member of the Texas  | 
      
      
        | 
           
			 | 
        Private School Accreditation Commission and that operates  | 
      
      
        | 
           
			 | 
        primarily for educational purposes for prekindergarten and above, a  | 
      
      
        | 
           
			 | 
        before-school or after-school program operated directly by an  | 
      
      
        | 
           
			 | 
        accredited educational facility, or a before-school or  | 
      
      
        | 
           
			 | 
        after-school program operated by another entity under contract with  | 
      
      
        | 
           
			 | 
        the educational facility, if the Texas Education Agency, the  | 
      
      
        | 
           
			 | 
        Southern Association of Colleges and Schools, or the other  | 
      
      
        | 
           
			 | 
        accreditation body, as applicable, has approved the curriculum  | 
      
      
        | 
           
			 | 
        content of the before-school or after-school program operated under  | 
      
      
        | 
           
			 | 
        the contract; | 
      
      
        | 
           
			 | 
                     (8)  an educational facility that operates solely for  | 
      
      
        | 
           
			 | 
        educational purposes for prekindergarten through at least grade  | 
      
      
        | 
           
			 | 
        two, that does not provide custodial care for more than one hour  | 
      
      
        | 
           
			 | 
        during the hours before or after the customary school day, and that  | 
      
      
        | 
           
			 | 
        is a member of an organization that promulgates, publishes, and  | 
      
      
        | 
           
			 | 
        requires compliance with health, safety, fire, and sanitation  | 
      
      
        | 
           
			 | 
        standards equal to standards required by state, municipal, and  | 
      
      
        | 
           
			 | 
        county codes; | 
      
      
        | 
           
			 | 
                     (9)  a kindergarten or preschool educational program  | 
      
      
        | 
           
			 | 
        that is operated as part of a public school or a private school  | 
      
      
        | 
           
			 | 
        accredited by the Texas Education Agency, that offers educational  | 
      
      
        | 
           
			 | 
        programs through grade six, and that does not provide custodial  | 
      
      
        | 
           
			 | 
        care during the hours before or after the customary school day; | 
      
      
        | 
           
			 | 
                     (10)  a family home, whether registered or listed; | 
      
      
        | 
           
			 | 
                     (11)  an educational facility that is integral to and  | 
      
      
        | 
           
			 | 
        inseparable from its sponsoring religious organization or an  | 
      
      
        | 
           
			 | 
        educational facility both of which do not provide custodial care  | 
      
      
        | 
           
			 | 
        for more than two hours maximum per day, and that offers an  | 
      
      
        | 
           
			 | 
        educational program in one or more of the following:   | 
      
      
        | 
           
			 | 
        prekindergarten through at least grade three, elementary grades, or  | 
      
      
        | 
           
			 | 
        secondary grades; | 
      
      
        | 
           
			 | 
                     (12)  an emergency shelter facility, other than a  | 
      
      
        | 
           
			 | 
        facility that would otherwise require a license as a child-care  | 
      
      
        | 
           
			 | 
        facility under this section, that provides shelter or care to a  | 
      
      
        | 
           
			 | 
        minor and the minor's child or children, if any, under Section  | 
      
      
        | 
           
			 | 
        32.201, Family Code, if the facility: | 
      
      
        | 
           
			 | 
                           (A)  is currently under a contract with a state or  | 
      
      
        | 
           
			 | 
        federal agency; or | 
      
      
        | 
           
			 | 
                           (B)  meets the requirements listed under Section  | 
      
      
        | 
           
			 | 
        51.005(b)(3); | 
      
      
        | 
           
			 | 
                     (13)  a juvenile detention facility certified under  | 
      
      
        | 
           
			 | 
        Section 51.12, Family Code, a juvenile correctional facility  | 
      
      
        | 
           
			 | 
        certified under Section 51.125, Family Code, a juvenile facility  | 
      
      
        | 
           
			 | 
        providing services solely for the Texas Juvenile Justice  | 
      
      
        | 
           
			 | 
        Department, or any other correctional facility for children  | 
      
      
        | 
           
			 | 
        operated or regulated by another state agency or by a political  | 
      
      
        | 
           
			 | 
        subdivision of the state; | 
      
      
        | 
           
			 | 
                     (14)  an elementary-age (ages 5-13) recreation program  | 
      
      
        | 
           
			 | 
        operated by a municipality provided the governing body of the  | 
      
      
        | 
           
			 | 
        municipality annually adopts standards of care by ordinance after a  | 
      
      
        | 
           
			 | 
        public hearing for such programs, that such standards are provided  | 
      
      
        | 
           
			 | 
        to the parents of each program participant, and that the ordinances  | 
      
      
        | 
           
			 | 
        shall include, at a minimum, staffing ratios, minimum staff  | 
      
      
        | 
           
			 | 
        qualifications, minimum facility, health, and safety standards,  | 
      
      
        | 
           
			 | 
        and mechanisms for monitoring and enforcing the adopted local  | 
      
      
        | 
           
			 | 
        standards; and further provided that parents be informed that the  | 
      
      
        | 
           
			 | 
        program is not licensed by the state and the program may not be  | 
      
      
        | 
           
			 | 
        advertised as a child-care facility; | 
      
      
        | 
           
			 | 
                     (15)  an annual youth camp held in a municipality with a  | 
      
      
        | 
           
			 | 
        population of more than 1.5 million that operates for not more than  | 
      
      
        | 
           
			 | 
        three months and that has been operated for at least 10 years by a  | 
      
      
        | 
           
			 | 
        nonprofit organization that provides care for the homeless; | 
      
      
        | 
           
			 | 
                     (16)  a food distribution program that: | 
      
      
        | 
           
			 | 
                           (A)  serves an evening meal to children two years  | 
      
      
        | 
           
			 | 
        of age or older; and | 
      
      
        | 
           
			 | 
                           (B)  is operated by a nonprofit food bank in a  | 
      
      
        | 
           
			 | 
        nonprofit, religious, or educational facility for not more than two  | 
      
      
        | 
           
			 | 
        hours a day on regular business days; | 
      
      
        | 
           
			 | 
                     (17)  a child-care facility that operates for less than  | 
      
      
        | 
           
			 | 
        three consecutive weeks and less than 40 days in a period of 12  | 
      
      
        | 
           
			 | 
        months; | 
      
      
        | 
           
			 | 
                     (18)  a program: | 
      
      
        | 
           
			 | 
                           (A)  in which a child receives direct instruction  | 
      
      
        | 
           
			 | 
        in a single skill, talent, ability, expertise, or proficiency; | 
      
      
        | 
           
			 | 
                           (B)  that does not provide services or offerings  | 
      
      
        | 
           
			 | 
        that are not directly related to the single talent, ability,  | 
      
      
        | 
           
			 | 
        expertise, or proficiency; | 
      
      
        | 
           
			 | 
                           (C)  that does not advertise or otherwise  | 
      
      
        | 
           
			 | 
        represent that the program is a child-care facility, day-care  | 
      
      
        | 
           
			 | 
        center, or licensed before-school or after-school program or that  | 
      
      
        | 
           
			 | 
        the program offers child-care services; | 
      
      
        | 
           
			 | 
                           (D)  that informs the parent or guardian: | 
      
      
        | 
           
			 | 
                                 (i)  that the program is not licensed by the  | 
      
      
        | 
           
			 | 
        state; and | 
      
      
        | 
           
			 | 
                                 (ii)  about the physical risks a child may  | 
      
      
        | 
           
			 | 
        face while participating in the program; and | 
      
      
        | 
           
			 | 
                           (E)  that conducts background checks for all  | 
      
      
        | 
           
			 | 
        program employees and volunteers who work with children in the  | 
      
      
        | 
           
			 | 
        program using information that is obtained from the Department of  | 
      
      
        | 
           
			 | 
        Public Safety; | 
      
      
        | 
           
			 | 
                     (19)  an elementary-age (ages 5-13) recreation program  | 
      
      
        | 
           
			 | 
        that: | 
      
      
        | 
           
			 | 
                           (A)  adopts standards of care, including  | 
      
      
        | 
           
			 | 
        standards relating to staff ratios, staff training, health, and  | 
      
      
        | 
           
			 | 
        safety; | 
      
      
        | 
           
			 | 
                           (B)  provides a mechanism for monitoring and  | 
      
      
        | 
           
			 | 
        enforcing the standards and receiving complaints from parents of  | 
      
      
        | 
           
			 | 
        enrolled children; | 
      
      
        | 
           
			 | 
                           (C)  does not advertise as or otherwise represent  | 
      
      
        | 
           
			 | 
        the program as a child-care facility, day-care center, or licensed  | 
      
      
        | 
           
			 | 
        before-school or after-school program or that the program offers  | 
      
      
        | 
           
			 | 
        child-care services; | 
      
      
        | 
           
			 | 
                           (D)  informs parents that the program is not  | 
      
      
        | 
           
			 | 
        licensed by the state; | 
      
      
        | 
           
			 | 
                           (E)  is organized as a nonprofit organization or  | 
      
      
        | 
           
			 | 
        is located on the premises of a participant's residence; | 
      
      
        | 
           
			 | 
                           (F)  does not accept any remuneration other than a  | 
      
      
        | 
           
			 | 
        nominal annual membership fee; | 
      
      
        | 
           
			 | 
                           (G)  does not solicit donations as compensation or  | 
      
      
        | 
           
			 | 
        payment for any good or service provided as part of the program; and | 
      
      
        | 
           
			 | 
                           (H)  conducts background checks for all program  | 
      
      
        | 
           
			 | 
        employees and volunteers who work with children in the program  | 
      
      
        | 
           
			 | 
        using information that is obtained from the Department of Public  | 
      
      
        | 
           
			 | 
        Safety; | 
      
      
        | 
           
			 | 
                     (20)  a living arrangement in a caretaker's home  | 
      
      
        | 
           
			 | 
        involving one or more children or a sibling group, excluding  | 
      
      
        | 
           
			 | 
        children who are related to the caretaker, in which the caretaker: | 
      
      
        | 
           
			 | 
                           (A)  had a prior relationship with the child or  | 
      
      
        | 
           
			 | 
        sibling group or other family members of the child or sibling group; | 
      
      
        | 
           
			 | 
                           (B)  does not care for more than one unrelated  | 
      
      
        | 
           
			 | 
        child or sibling group; | 
      
      
        | 
           
			 | 
                           (C)  does not receive compensation or solicit  | 
      
      
        | 
           
			 | 
        donations for the care of the child or sibling group; and | 
      
      
        | 
           
			 | 
                           (D)  has a written agreement with the parent to  | 
      
      
        | 
           
			 | 
        care for the child or sibling group; | 
      
      
        | 
           
			 | 
                     (21)  a living arrangement in a caretaker's home  | 
      
      
        | 
           
			 | 
        involving one or more children or a sibling group, excluding  | 
      
      
        | 
           
			 | 
        children who are related to the caretaker, in which: | 
      
      
        | 
           
			 | 
                           (A)  the department is the managing conservator of  | 
      
      
        | 
           
			 | 
        the child or sibling group; | 
      
      
        | 
           
			 | 
                           (B)  the department placed the child or sibling  | 
      
      
        | 
           
			 | 
        group in the caretaker's home; and | 
      
      
        | 
           
			 | 
                           (C)  the caretaker had a long-standing and  | 
      
      
        | 
           
			 | 
        significant relationship with the child or sibling group before the  | 
      
      
        | 
           
			 | 
        child or sibling group was placed with the caretaker; | 
      
      
        | 
           
			 | 
                     (22)  a living arrangement in a caretaker's home  | 
      
      
        | 
           
			 | 
        involving one or more children or a sibling group, excluding  | 
      
      
        | 
           
			 | 
        children who are related to the caretaker, in which the child is in  | 
      
      
        | 
           
			 | 
        the United States on a time-limited visa under the sponsorship of  | 
      
      
        | 
           
			 | 
        the caretaker or of a sponsoring organization; | 
      
      
        | 
           
			 | 
                     (23)  a facility operated by a nonprofit organization  | 
      
      
        | 
           
			 | 
        that: | 
      
      
        | 
           
			 | 
                           (A)  does not otherwise operate as a child-care  | 
      
      
        | 
           
			 | 
        facility that is required to be licensed under this section; | 
      
      
        | 
           
			 | 
                           (B)  provides emergency shelter and care for not  | 
      
      
        | 
           
			 | 
        more than 15 days to children 13 years of age or older but younger  | 
      
      
        | 
           
			 | 
        than 18 years of age who are victims of human trafficking alleged  | 
      
      
        | 
           
			 | 
        under Section 20A.02, Penal Code; | 
      
      
        | 
           
			 | 
                           (C)  is located in a municipality with a  | 
      
      
        | 
           
			 | 
        population of at least 600,000 that is in a county on an  | 
      
      
        | 
           
			 | 
        international border; and | 
      
      
        | 
           
			 | 
                           (D)  meets one of the following criteria: | 
      
      
        | 
           
			 | 
                                 (i)  is licensed by, or operates under an  | 
      
      
        | 
           
			 | 
        agreement with, a state or federal agency to provide shelter and  | 
      
      
        | 
           
			 | 
        care to children; or | 
      
      
        | 
           
			 | 
                                 (ii)  meets the eligibility requirements for  | 
      
      
        | 
           
			 | 
        a contract under Section 51.005(b)(3); [or] | 
      
      
        | 
           
			 | 
                     (24)  a facility that provides respite care exclusively  | 
      
      
        | 
           
			 | 
        for a local mental health authority under a contract with the local  | 
      
      
        | 
           
			 | 
        mental health authority; or | 
      
      
        | 
           
			 | 
                     (25) [(24)]  a living arrangement in a caretaker's home  | 
      
      
        | 
           
			 | 
        involving one or more children or a sibling group in which the  | 
      
      
        | 
           
			 | 
        caretaker: | 
      
      
        | 
           
			 | 
                           (A)  has a written authorization agreement under  | 
      
      
        | 
           
			 | 
        Chapter 34, Family Code, with the parent of each child or sibling  | 
      
      
        | 
           
			 | 
        group to care for each child or sibling group; | 
      
      
        | 
           
			 | 
                           (B)  does not care for more than six children,  | 
      
      
        | 
           
			 | 
        excluding children who are related to the caretaker; and | 
      
      
        | 
           
			 | 
                           (C)  does not receive compensation for caring for  | 
      
      
        | 
           
			 | 
        any child or sibling group. | 
      
      
        | 
           
			 | 
        ARTICLE 11.  CHANGES RELATING TO NATURAL RESOURCES CODE | 
      
      
        | 
           
			 | 
               SECTION 11.001.  Section 81.067(c), Natural Resources Code,  | 
      
      
        | 
           
			 | 
        as amended by Chapters 57 (H.B. 1818), 72 (S.B. 1422), and 324 (S.B.  | 
      
      
        | 
           
			 | 
        1488), Acts of the 85th Legislature, Regular Session, 2017, is  | 
      
      
        | 
           
			 | 
        reenacted and amended to read as follows: | 
      
      
        | 
           
			 | 
               (c)  The fund consists of: | 
      
      
        | 
           
			 | 
                     (1)  proceeds from bonds and other financial security  | 
      
      
        | 
           
			 | 
        required by this chapter and benefits under well-specific plugging  | 
      
      
        | 
           
			 | 
        insurance policies described by Section 91.104(c) that are paid to  | 
      
      
        | 
           
			 | 
        the state as contingent beneficiary of the policies, subject to the  | 
      
      
        | 
           
			 | 
        refund provisions of Section 91.1091, if applicable; | 
      
      
        | 
           
			 | 
                     (2)  private contributions, including contributions  | 
      
      
        | 
           
			 | 
        made under Section 89.084; | 
      
      
        | 
           
			 | 
                     (3)  expenses collected under Section 89.083; | 
      
      
        | 
           
			 | 
                     (4)  fees imposed under Section 85.2021; | 
      
      
        | 
           
			 | 
                     (5)  costs recovered under Section 91.457 or 91.459; | 
      
      
        | 
           
			 | 
                     (6)  proceeds collected under Sections 89.085 and  | 
      
      
        | 
           
			 | 
        91.115; | 
      
      
        | 
           
			 | 
                     (7)  interest earned on the funds deposited in the  | 
      
      
        | 
           
			 | 
        fund; | 
      
      
        | 
           
			 | 
                     (8)  oil and gas waste hauler permit application fees  | 
      
      
        | 
           
			 | 
        collected under Section 29.015, Water Code; | 
      
      
        | 
           
			 | 
                     (9)  costs recovered under Section 91.113(f); | 
      
      
        | 
           
			 | 
                     (10)  hazardous oil and gas waste generation fees  | 
      
      
        | 
           
			 | 
        collected under Section 91.605; | 
      
      
        | 
           
			 | 
                     (11)  oil-field cleanup regulatory fees on oil  | 
      
      
        | 
           
			 | 
        collected under Section 81.116; | 
      
      
        | 
           
			 | 
                     (12)  oil-field cleanup regulatory fees on gas  | 
      
      
        | 
           
			 | 
        collected under Section 81.117; | 
      
      
        | 
           
			 | 
                     (13)  fees for a reissued certificate collected under  | 
      
      
        | 
           
			 | 
        Section 91.707; | 
      
      
        | 
           
			 | 
                     (14)  fees collected under Section 91.1013; | 
      
      
        | 
           
			 | 
                     (15)  fees collected under Section 89.088; | 
      
      
        | 
           
			 | 
                     (16)  fees collected under Section 91.142; | 
      
      
        | 
           
			 | 
                     (17)  fees collected under Section 91.654; | 
      
      
        | 
           
			 | 
                     (18)  costs recovered under Sections 91.656 and 91.657; | 
      
      
        | 
           
			 | 
                     (19)  fees collected under Section 81.0521; | 
      
      
        | 
           
			 | 
                     (20)  fees collected under Sections 89.024 and 89.026; | 
      
      
        | 
           
			 | 
                     (21)  legislative appropriations; | 
      
      
        | 
           
			 | 
                     (22)  any surcharges collected under Section 81.070; | 
      
      
        | 
           
			 | 
                     (23)  fees collected under Section 91.0115; | 
      
      
        | 
           
			 | 
                     (24)  fees collected under Subchapter E, Chapter 121,  | 
      
      
        | 
           
			 | 
        Utilities Code; | 
      
      
        | 
           
			 | 
                     (25)  fees collected under Section 27.0321, Water Code;  | 
      
      
        | 
           
			 | 
        [and] | 
      
      
        | 
           
			 | 
                     (26)  fees collected under Section 81.071; and | 
      
      
        | 
           
			 | 
                     (27) [(26)]  money collected under Section 81.021. | 
      
      
        | 
           
			 | 
        ARTICLE 12.  CHANGES RELATING TO OCCUPATIONS CODE | 
      
      
        | 
           
			 | 
               SECTION 12.001.  Section 562.110(i), Occupations Code, as  | 
      
      
        | 
           
			 | 
        added by Chapter 485 (H.B. 2561), Acts of the 85th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2017, is repealed as duplicative of Section  | 
      
      
        | 
           
			 | 
        562.110(k), Occupations Code. | 
      
      
        | 
           
			 | 
               SECTION 12.002.  Section 2308.151(b), Occupations Code, as  | 
      
      
        | 
           
			 | 
        added by Chapters 919 (S.B. 1501) and 967 (S.B. 2065), Acts of the  | 
      
      
        | 
           
			 | 
        85th Legislature, Regular Session, 2017, is reenacted and amended  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Unless [a person is] prohibited by a local authority  | 
      
      
        | 
           
			 | 
        under Section 2308.2085, a person may: | 
      
      
        | 
           
			 | 
                     (1)  perform booting operations; and | 
      
      
        | 
           
			 | 
                     (2)  operate a booting company. | 
      
      
        | 
           
			 | 
               SECTION 12.003.  Section 2308.205(a), Occupations Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 919 (S.B. 1501) and 967 (S.B. 2065), Acts of the  | 
      
      
        | 
           
			 | 
        85th Legislature, Regular Session, 2017, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (a)  A towing company that makes a nonconsent tow shall tow  | 
      
      
        | 
           
			 | 
        the vehicle to a vehicle storage facility that is operated by a  | 
      
      
        | 
           
			 | 
        person who holds a license to operate the facility under Chapter  | 
      
      
        | 
           
			 | 
        2303, unless: | 
      
      
        | 
           
			 | 
                     (1)  the towing company agrees to take the vehicle to a  | 
      
      
        | 
           
			 | 
        location designated by the vehicle's owner; or | 
      
      
        | 
           
			 | 
                     (2)  the vehicle is towed under: | 
      
      
        | 
           
			 | 
                           (A)  rules adopted under Subsection (a-1); or | 
      
      
        | 
           
			 | 
                           (B)  Section 2308.259(b). | 
      
      
        | 
           
			 | 
        ARTICLE 13.  CHANGES RELATING TO PENAL CODE | 
      
      
        | 
           
			 | 
               SECTION 13.001.  Sections 46.05(a) and (e), Penal Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 155 (H.B. 1819) and 814 (H.B. 913), Acts of the  | 
      
      
        | 
           
			 | 
        85th Legislature, Regular Session, 2017, are reenacted and amended  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               (a)  A person commits an offense if the person intentionally  | 
      
      
        | 
           
			 | 
        or knowingly possesses, manufactures, transports, repairs, or  | 
      
      
        | 
           
			 | 
        sells: | 
      
      
        | 
           
			 | 
                     (1)  any of the following items, unless the item is  | 
      
      
        | 
           
			 | 
        registered in the National Firearms Registration and Transfer  | 
      
      
        | 
           
			 | 
        Record maintained by the Bureau of Alcohol, Tobacco, Firearms and  | 
      
      
        | 
           
			 | 
        Explosives or otherwise not subject to that registration  | 
      
      
        | 
           
			 | 
        requirement or unless the item is classified as a curio or relic by  | 
      
      
        | 
           
			 | 
        the United States Department of Justice: | 
      
      
        | 
           
			 | 
                           (A)  an explosive weapon; | 
      
      
        | 
           
			 | 
                           (B)  a machine gun; or | 
      
      
        | 
           
			 | 
                           (C)  a short-barrel firearm; | 
      
      
        | 
           
			 | 
                     (2)  knuckles; | 
      
      
        | 
           
			 | 
                     (3)  armor-piercing ammunition; | 
      
      
        | 
           
			 | 
                     (4)  a chemical dispensing device; | 
      
      
        | 
           
			 | 
                     (5)  a zip gun; | 
      
      
        | 
           
			 | 
                     (6)  a tire deflation device; [or] | 
      
      
        | 
           
			 | 
                     (7)  a firearm silencer, unless the firearm silencer is  | 
      
      
        | 
           
			 | 
        classified as a curio or relic by the United States Department of  | 
      
      
        | 
           
			 | 
        Justice or the actor otherwise possesses, manufactures,  | 
      
      
        | 
           
			 | 
        transports, repairs, or sells the firearm silencer in compliance  | 
      
      
        | 
           
			 | 
        with federal law; or | 
      
      
        | 
           
			 | 
                     (8) [(7)]  an improvised explosive device. | 
      
      
        | 
           
			 | 
               (e)  An offense under Subsection (a)(1), (3), (4), (5), [or]  | 
      
      
        | 
           
			 | 
        (7), or (8) is a felony of the third degree.  An offense under  | 
      
      
        | 
           
			 | 
        Subsection (a)(6) is a state jail felony.  An offense under  | 
      
      
        | 
           
			 | 
        Subsection (a)(2) is a Class A misdemeanor. | 
      
      
        | 
           
			 | 
        ARTICLE 14.  CHANGES RELATING TO TAX CODE | 
      
      
        | 
           
			 | 
               SECTION 14.001.  Sections 5.102(d) and (e), Tax Code, are  | 
      
      
        | 
           
			 | 
        amended to conform to Chapter 450 (H.B. 2447), Acts of the 81st  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2009, to read as follows: | 
      
      
        | 
           
			 | 
               (d)  If the appraisal district fails to comply with the  | 
      
      
        | 
           
			 | 
        recommendations in the report and the comptroller finds that the  | 
      
      
        | 
           
			 | 
        board of directors of the appraisal district failed to take  | 
      
      
        | 
           
			 | 
        remedial action reasonably designed to ensure substantial  | 
      
      
        | 
           
			 | 
        compliance with each recommendation in the report before the first  | 
      
      
        | 
           
			 | 
        anniversary of the date the report was issued, the comptroller  | 
      
      
        | 
           
			 | 
        shall notify the Texas Department of Licensing and Regulation  | 
      
      
        | 
           
			 | 
        [Board of Tax Professional Examiners], or a successor to the  | 
      
      
        | 
           
			 | 
        department [board], which shall take action necessary to ensure  | 
      
      
        | 
           
			 | 
        that the recommendations in the report are implemented as soon as  | 
      
      
        | 
           
			 | 
        practicable. | 
      
      
        | 
           
			 | 
               (e)  Before February 1 of the year following the year in  | 
      
      
        | 
           
			 | 
        which the Texas Department of Licensing and Regulation [Board of 
         | 
      
      
        | 
           
			 | 
        
          Tax Professional Examiners], or its successor, takes action under  | 
      
      
        | 
           
			 | 
        Subsection (d), and with the assistance of the comptroller, the  | 
      
      
        | 
           
			 | 
        department [board] shall determine whether the recommendations in  | 
      
      
        | 
           
			 | 
        the most recent report have been substantially implemented.  The  | 
      
      
        | 
           
			 | 
        executive director [presiding officer] of the department [board]  | 
      
      
        | 
           
			 | 
        shall notify the chief appraiser and the board of directors of the  | 
      
      
        | 
           
			 | 
        appraisal district in writing of the department's [board's]  | 
      
      
        | 
           
			 | 
        determination. | 
      
      
        | 
           
			 | 
               SECTION 14.002.  Section 25.025(a), Tax Code, as amended by  | 
      
      
        | 
           
			 | 
        Chapters 34 (S.B. 1576), 41 (S.B. 256), 193 (S.B. 510), 1006 (H.B.  | 
      
      
        | 
           
			 | 
        1278), and 1145 (H.B. 457), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is reenacted and amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  This section applies only to: | 
      
      
        | 
           
			 | 
                     (1)  a current or former peace officer as defined by  | 
      
      
        | 
           
			 | 
        Article 2.12, Code of Criminal Procedure, and the spouse or  | 
      
      
        | 
           
			 | 
        surviving spouse of the peace officer; | 
      
      
        | 
           
			 | 
                     (2)  the adult child of a current peace officer as  | 
      
      
        | 
           
			 | 
        defined by Article 2.12, Code of Criminal Procedure; | 
      
      
        | 
           
			 | 
                     (3)  a county jailer as defined by Section 1701.001,  | 
      
      
        | 
           
			 | 
        Occupations Code; | 
      
      
        | 
           
			 | 
                     (4)  an employee of the Texas Department of Criminal  | 
      
      
        | 
           
			 | 
        Justice; | 
      
      
        | 
           
			 | 
                     (5)  a commissioned security officer as defined by  | 
      
      
        | 
           
			 | 
        Section 1702.002, Occupations Code; | 
      
      
        | 
           
			 | 
                     (6)  an individual who shows that the individual, the  | 
      
      
        | 
           
			 | 
        individual's child, or another person in the individual's household  | 
      
      
        | 
           
			 | 
        is a victim of family violence as defined by Section 71.004, Family  | 
      
      
        | 
           
			 | 
        Code, by providing: | 
      
      
        | 
           
			 | 
                           (A)  a copy of a protective order issued under  | 
      
      
        | 
           
			 | 
        Chapter 85, Family Code, or a magistrate's order for emergency  | 
      
      
        | 
           
			 | 
        protection issued under Article 17.292, Code of Criminal Procedure;  | 
      
      
        | 
           
			 | 
        or | 
      
      
        | 
           
			 | 
                           (B)  other independent documentary evidence  | 
      
      
        | 
           
			 | 
        necessary to show that the individual, the individual's child, or  | 
      
      
        | 
           
			 | 
        another person in the individual's household is a victim of family  | 
      
      
        | 
           
			 | 
        violence; | 
      
      
        | 
           
			 | 
                     (7) [(6)]  an individual who shows that the individual,  | 
      
      
        | 
           
			 | 
        the individual's child, or another person in the individual's  | 
      
      
        | 
           
			 | 
        household is a victim of sexual assault or abuse, stalking, or  | 
      
      
        | 
           
			 | 
        trafficking of persons by providing: | 
      
      
        | 
           
			 | 
                           (A)  a copy of a protective order issued under  | 
      
      
        | 
           
			 | 
        Chapter 7A or Article 6.09, Code of Criminal Procedure, or a  | 
      
      
        | 
           
			 | 
        magistrate's order for emergency protection issued under Article  | 
      
      
        | 
           
			 | 
        17.292, Code of Criminal Procedure; or | 
      
      
        | 
           
			 | 
                           (B)  other independent documentary evidence  | 
      
      
        | 
           
			 | 
        necessary to show that the individual, the individual's child, or  | 
      
      
        | 
           
			 | 
        another person in the individual's household is a victim of sexual  | 
      
      
        | 
           
			 | 
        assault or abuse, stalking, or trafficking of persons; | 
      
      
        | 
           
			 | 
                     (8) [(7)]  a participant in the address  | 
      
      
        | 
           
			 | 
        confidentiality program administered by the attorney general under  | 
      
      
        | 
           
			 | 
        Subchapter C, Chapter 56, Code of Criminal Procedure, who provides  | 
      
      
        | 
           
			 | 
        proof of certification under Article 56.84, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure; | 
      
      
        | 
           
			 | 
                     (9) [(8)]  a federal judge, a state judge, or the  | 
      
      
        | 
           
			 | 
        spouse of a federal judge or state judge; | 
      
      
        | 
           
			 | 
                     (10)  a current or former district attorney, criminal  | 
      
      
        | 
           
			 | 
        district attorney, or county or municipal attorney whose  | 
      
      
        | 
           
			 | 
        jurisdiction includes any criminal law or child protective services  | 
      
      
        | 
           
			 | 
        matters; | 
      
      
        | 
           
			 | 
                     (11)  [(9)]  a current or former employee of a district  | 
      
      
        | 
           
			 | 
        attorney, criminal district attorney, or county or municipal  | 
      
      
        | 
           
			 | 
        attorney whose jurisdiction includes any criminal law or child  | 
      
      
        | 
           
			 | 
        protective services matters; | 
      
      
        | 
           
			 | 
                     (12) [(10)]  an officer or employee of a community  | 
      
      
        | 
           
			 | 
        supervision and corrections department established under Chapter  | 
      
      
        | 
           
			 | 
        76, Government Code, who performs a duty described by Section  | 
      
      
        | 
           
			 | 
        76.004(b) of that code; | 
      
      
        | 
           
			 | 
                     (13) [(11)]  a criminal investigator of the United  | 
      
      
        | 
           
			 | 
        States as described by Article 2.122(a), Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure; | 
      
      
        | 
           
			 | 
                     (14) [(12)]  a police officer or inspector of the  | 
      
      
        | 
           
			 | 
        United States Federal Protective Service; | 
      
      
        | 
           
			 | 
                     (15) [(13)]  a current or former United States attorney  | 
      
      
        | 
           
			 | 
        or assistant United States attorney and the spouse and child of the  | 
      
      
        | 
           
			 | 
        attorney; | 
      
      
        | 
           
			 | 
                     (16) [(14)]  a current or former employee of the office  | 
      
      
        | 
           
			 | 
        of the attorney general who is or was assigned to a division of that  | 
      
      
        | 
           
			 | 
        office the duties of which involve law enforcement; | 
      
      
        | 
           
			 | 
                     (17) [(15)]  a medical examiner or person who performs  | 
      
      
        | 
           
			 | 
        forensic analysis or testing who is employed by this state or one or  | 
      
      
        | 
           
			 | 
        more political subdivisions of this state; | 
      
      
        | 
           
			 | 
                     (18) [(16)]  a current or former member of the United  | 
      
      
        | 
           
			 | 
        States armed forces who has served in an area that the president of  | 
      
      
        | 
           
			 | 
        the United States by executive order designates for purposes of 26  | 
      
      
        | 
           
			 | 
        U.S.C. Section 112 as an area in which armed forces of the United  | 
      
      
        | 
           
			 | 
        States are or have engaged in combat; | 
      
      
        | 
           
			 | 
                     (19) [(17)]  a current or former employee of the Texas  | 
      
      
        | 
           
			 | 
        Juvenile Justice Department or of the predecessors in function of  | 
      
      
        | 
           
			 | 
        the department; | 
      
      
        | 
           
			 | 
                     (20) [(18)]  a current or former juvenile probation or  | 
      
      
        | 
           
			 | 
        supervision officer certified by the Texas Juvenile Justice  | 
      
      
        | 
           
			 | 
        Department, or the predecessors in function of the department,  | 
      
      
        | 
           
			 | 
        under Title 12, Human Resources Code; | 
      
      
        | 
           
			 | 
                     (21) [(19)]  a current or former employee of a juvenile  | 
      
      
        | 
           
			 | 
        justice program or facility, as those terms are defined by Section  | 
      
      
        | 
           
			 | 
        261.405, Family Code; [and] | 
      
      
        | 
           
			 | 
                     (22) [(18)]  a current or former employee of the Texas  | 
      
      
        | 
           
			 | 
        Civil Commitment Office or of the predecessor in function of the  | 
      
      
        | 
           
			 | 
        office or a division of the office; and | 
      
      
        | 
           
			 | 
                     (23) [(18)]  a current or former employee of a federal  | 
      
      
        | 
           
			 | 
        judge or state judge. | 
      
      
        | 
           
			 | 
               SECTION 14.003.  Section 351.101(a), Tax Code, as amended by  | 
      
      
        | 
           
			 | 
        Chapters 53 (S.B. 1365), 267 (H.B. 1896), 324 (S.B. 1488), and 785  | 
      
      
        | 
           
			 | 
        (H.B. 2445), Acts of the 85th Legislature, Regular Session, 2017,  | 
      
      
        | 
           
			 | 
        is reenacted and amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Revenue from the municipal hotel occupancy tax may be  | 
      
      
        | 
           
			 | 
        used only to promote tourism and the convention and hotel industry,  | 
      
      
        | 
           
			 | 
        and that use is limited to the following: | 
      
      
        | 
           
			 | 
                     (1)  the acquisition of sites for and the construction,  | 
      
      
        | 
           
			 | 
        improvement, enlarging, equipping, repairing, operation, and  | 
      
      
        | 
           
			 | 
        maintenance of convention center facilities or visitor information  | 
      
      
        | 
           
			 | 
        centers, or both; | 
      
      
        | 
           
			 | 
                     (2)  the furnishing of facilities, personnel, and  | 
      
      
        | 
           
			 | 
        materials for the registration of convention delegates or  | 
      
      
        | 
           
			 | 
        registrants; | 
      
      
        | 
           
			 | 
                     (3)  advertising and conducting solicitations and  | 
      
      
        | 
           
			 | 
        promotional programs to attract tourists and convention delegates  | 
      
      
        | 
           
			 | 
        or registrants to the municipality or its vicinity; | 
      
      
        | 
           
			 | 
                     (4)  the encouragement, promotion, improvement, and  | 
      
      
        | 
           
			 | 
        application of the arts, including instrumental and vocal music,  | 
      
      
        | 
           
			 | 
        dance, drama, folk art, creative writing, architecture, design and  | 
      
      
        | 
           
			 | 
        allied fields, painting, sculpture, photography, graphic and craft  | 
      
      
        | 
           
			 | 
        arts, motion pictures, radio, television, tape and sound recording,  | 
      
      
        | 
           
			 | 
        and other arts related to the presentation, performance, execution,  | 
      
      
        | 
           
			 | 
        and exhibition of these major art forms; | 
      
      
        | 
           
			 | 
                     (5)  historical restoration and preservation projects  | 
      
      
        | 
           
			 | 
        or activities or advertising and conducting solicitations and  | 
      
      
        | 
           
			 | 
        promotional programs to encourage tourists and convention  | 
      
      
        | 
           
			 | 
        delegates to visit preserved historic sites or museums: | 
      
      
        | 
           
			 | 
                           (A)  at or in the immediate vicinity of convention  | 
      
      
        | 
           
			 | 
        center facilities or visitor information centers; or | 
      
      
        | 
           
			 | 
                           (B)  located elsewhere in the municipality or its  | 
      
      
        | 
           
			 | 
        vicinity that would be frequented by tourists and convention  | 
      
      
        | 
           
			 | 
        delegates; | 
      
      
        | 
           
			 | 
                     (6)  expenses, including promotion expenses, directly  | 
      
      
        | 
           
			 | 
        related to a sporting event in which the majority of participants  | 
      
      
        | 
           
			 | 
        are tourists who substantially increase economic activity at hotels  | 
      
      
        | 
           
			 | 
        and motels within the municipality or its vicinity if: | 
      
      
        | 
           
			 | 
                           (A)  the municipality is located in a county with  | 
      
      
        | 
           
			 | 
        a population of one million or less; or | 
      
      
        | 
           
			 | 
                           (B)  the municipality has a population of more  | 
      
      
        | 
           
			 | 
        than 67,000 and is located in two counties with 90 percent of the  | 
      
      
        | 
           
			 | 
        municipality's territory located in a county with a population of  | 
      
      
        | 
           
			 | 
        at least 580,000, and the remaining territory located in a county  | 
      
      
        | 
           
			 | 
        with a population of at least four million; | 
      
      
        | 
           
			 | 
                     (7)  subject to Section 351.1076, the promotion of  | 
      
      
        | 
           
			 | 
        tourism by the enhancement and upgrading of existing sports  | 
      
      
        | 
           
			 | 
        facilities or fields if: | 
      
      
        | 
           
			 | 
                           (A)  the municipality owns the facilities or  | 
      
      
        | 
           
			 | 
        fields; | 
      
      
        | 
           
			 | 
                           (B)  the municipality: | 
      
      
        | 
           
			 | 
                                 (i)  has a population of 80,000 or more and  | 
      
      
        | 
           
			 | 
        is located in a county that has a population of 350,000 or less; | 
      
      
        | 
           
			 | 
                                 (ii)  has a population of at least 75,000 but  | 
      
      
        | 
           
			 | 
        not more than 95,000 and is located in a county that has a  | 
      
      
        | 
           
			 | 
        population of less than 200,000 but more than 160,000; | 
      
      
        | 
           
			 | 
                                 (iii)  has a population of at least 36,000  | 
      
      
        | 
           
			 | 
        but not more than 39,000 and is located in a county that has a  | 
      
      
        | 
           
			 | 
        population of 100,000 or less that is not adjacent to a county with  | 
      
      
        | 
           
			 | 
        a population of more than two million; | 
      
      
        | 
           
			 | 
                                 (iv)  has a population of at least 13,000 but  | 
      
      
        | 
           
			 | 
        less than 39,000 and is located in a county that has a population of  | 
      
      
        | 
           
			 | 
        at least 200,000; | 
      
      
        | 
           
			 | 
                                 (v)  has a population of at least 70,000 but  | 
      
      
        | 
           
			 | 
        less than 90,000 and no part of which is located in a county with a  | 
      
      
        | 
           
			 | 
        population greater than 150,000; | 
      
      
        | 
           
			 | 
                                 (vi)  is located in a county that: | 
      
      
        | 
           
			 | 
                                       (a)  is adjacent to the Texas-Mexico  | 
      
      
        | 
           
			 | 
        border; | 
      
      
        | 
           
			 | 
                                       (b)  has a population of at least  | 
      
      
        | 
           
			 | 
        500,000; and | 
      
      
        | 
           
			 | 
                                       (c)  does not have a municipality with  | 
      
      
        | 
           
			 | 
        a population greater than 500,000; | 
      
      
        | 
           
			 | 
                                 (vii)  has a population of at least 25,000  | 
      
      
        | 
           
			 | 
        but not more than 26,000 and is located in a county that has a  | 
      
      
        | 
           
			 | 
        population of 90,000 or less; | 
      
      
        | 
           
			 | 
                                 (viii)  is located in a county that has a  | 
      
      
        | 
           
			 | 
        population of not more than 300,000 and in which a component  | 
      
      
        | 
           
			 | 
        university of the University of Houston System is located; | 
      
      
        | 
           
			 | 
                                 (ix)  has a population of at least 40,000 and  | 
      
      
        | 
           
			 | 
        the San Marcos River flows through the municipality; [or] | 
      
      
        | 
           
			 | 
                                 (x)  has a population of more than 67,000 and  | 
      
      
        | 
           
			 | 
        is located in two counties with 90 percent of the municipality's  | 
      
      
        | 
           
			 | 
        territory located in a county with a population of at least 580,000,  | 
      
      
        | 
           
			 | 
        and the remaining territory located in a county with a population of  | 
      
      
        | 
           
			 | 
        at least four million; or | 
      
      
        | 
           
			 | 
                                 (xi) [(x)]  contains an intersection of  | 
      
      
        | 
           
			 | 
        Interstates 35E and 35W and at least two public universities; and | 
      
      
        | 
           
			 | 
                           (C)  the sports facilities and fields have been  | 
      
      
        | 
           
			 | 
        used, in the preceding calendar year, a combined total of more than  | 
      
      
        | 
           
			 | 
        10 times for district, state, regional, or national sports  | 
      
      
        | 
           
			 | 
        tournaments; | 
      
      
        | 
           
			 | 
                     (8)  for a municipality with a population of at least  | 
      
      
        | 
           
			 | 
        70,000 but less than 90,000, no part of which is located in a county  | 
      
      
        | 
           
			 | 
        with a population greater than 150,000, the construction,  | 
      
      
        | 
           
			 | 
        improvement, enlarging, equipping, repairing, operation, and  | 
      
      
        | 
           
			 | 
        maintenance of a coliseum or multiuse facility; | 
      
      
        | 
           
			 | 
                     (9)  signage directing the public to sights and  | 
      
      
        | 
           
			 | 
        attractions that are visited frequently by hotel guests in the  | 
      
      
        | 
           
			 | 
        municipality; | 
      
      
        | 
           
			 | 
                     (10)  the construction, improvement, enlarging,  | 
      
      
        | 
           
			 | 
        equipping, repairing, operation, and maintenance of a coliseum or  | 
      
      
        | 
           
			 | 
        multiuse facility, if the municipality: | 
      
      
        | 
           
			 | 
                           (A)  has a population of at least 90,000 but less  | 
      
      
        | 
           
			 | 
        than 120,000; and | 
      
      
        | 
           
			 | 
                           (B)  is located in two counties, at least one of  | 
      
      
        | 
           
			 | 
        which contains the headwaters of the San Gabriel River; and | 
      
      
        | 
           
			 | 
                     (11)  for a municipality with a population of more than  | 
      
      
        | 
           
			 | 
        175,000 but less than 225,000 that is located in two counties, each  | 
      
      
        | 
           
			 | 
        of which has a population of less than 200,000, the construction,  | 
      
      
        | 
           
			 | 
        improvement, enlarging, equipping, repairing, operation, and  | 
      
      
        | 
           
			 | 
        maintenance of a coliseum or multiuse facility and related  | 
      
      
        | 
           
			 | 
        infrastructure or a venue, as defined by Section 334.001(4), Local  | 
      
      
        | 
           
			 | 
        Government Code, that is related to the promotion of tourism. | 
      
      
        | 
           
			 | 
        ARTICLE 15.  CHANGES RELATING TO TRANSPORTATION CODE | 
      
      
        | 
           
			 | 
               SECTION 15.001.  Section 501.072(e), Transportation Code,  | 
      
      
        | 
           
			 | 
        as added by Chapter 969 (S.B. 2076), Acts of the 85th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2017, is repealed as duplicative of Section  | 
      
      
        | 
           
			 | 
        501.072(e), Transportation Code, as added by Chapter 395 (S.B.  | 
      
      
        | 
           
			 | 
        1062), Acts of the 85th Legislature, Regular Session, 2017. | 
      
      
        | 
           
			 | 
               SECTION 15.002.  Section 522.035, Transportation Code, as  | 
      
      
        | 
           
			 | 
        added by Chapter 21 (S.B. 128), Acts of the 85th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2017, is repealed as duplicative of Section  | 
      
      
        | 
           
			 | 
        522.035, Transportation Code, as added by Chapter 685 (H.B. 29),  | 
      
      
        | 
           
			 | 
        Acts of the 85th Legislature, Regular Session, 2017. | 
      
      
        | 
           
			 | 
               SECTION 15.003.  Section 545.424(c), Transportation Code,  | 
      
      
        | 
           
			 | 
        as amended by Chapters 438 (H.B. 62) and 1059 (H.B. 3050), Acts of  | 
      
      
        | 
           
			 | 
        the 85th Legislature, Regular Session, 2017, is reenacted to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               (c)  Subsection (a-1) does not apply to  a person operating a  | 
      
      
        | 
           
			 | 
        motor vehicle while accompanied in the manner required by Section  | 
      
      
        | 
           
			 | 
        521.222(d)(2) for the holder of a learner license. | 
      
      
        | 
           
			 | 
               SECTION 15.004.  Section 644.101(b), Transportation Code,  | 
      
      
        | 
           
			 | 
        as amended by Chapters 138 (H.B. 1355), 142 (H.B. 1570), and 324  | 
      
      
        | 
           
			 | 
        (S.B. 1488), Acts of the 85th Legislature, Regular Session, 2017,  | 
      
      
        | 
           
			 | 
        is reenacted and amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  A police officer of any of the following municipalities  | 
      
      
        | 
           
			 | 
        is eligible to apply for certification under this section: | 
      
      
        | 
           
			 | 
                     (1)  a municipality with a population of 50,000 or  | 
      
      
        | 
           
			 | 
        more; | 
      
      
        | 
           
			 | 
                     (2)  a municipality with a population of 25,000 or more  | 
      
      
        | 
           
			 | 
        any part of which is located in a county with a population of  | 
      
      
        | 
           
			 | 
        500,000 or more; | 
      
      
        | 
           
			 | 
                     (3)  a municipality with a population of less than  | 
      
      
        | 
           
			 | 
        25,000: | 
      
      
        | 
           
			 | 
                           (A)  any part of which is located in a county with  | 
      
      
        | 
           
			 | 
        a population of 3.3 million; and | 
      
      
        | 
           
			 | 
                           (B)  that contains or is adjacent to an  | 
      
      
        | 
           
			 | 
        international port; | 
      
      
        | 
           
			 | 
                     (4)  a municipality with a population of at least  | 
      
      
        | 
           
			 | 
        34,000 that is located in a county that borders two or more states; | 
      
      
        | 
           
			 | 
                     (5)  a municipality any part of which is located in a  | 
      
      
        | 
           
			 | 
        county bordering the United Mexican States; | 
      
      
        | 
           
			 | 
                     (6)  a municipality with a population of less than  | 
      
      
        | 
           
			 | 
        5,000 that is located: | 
      
      
        | 
           
			 | 
                           (A)  adjacent to a bay connected to the Gulf of  | 
      
      
        | 
           
			 | 
        Mexico; and | 
      
      
        | 
           
			 | 
                           (B)  in a county adjacent to a county with a  | 
      
      
        | 
           
			 | 
        population greater than 3.3 million; | 
      
      
        | 
           
			 | 
                     (7)  a municipality that is located: | 
      
      
        | 
           
			 | 
                           (A)  within 25 miles of an international port; and | 
      
      
        | 
           
			 | 
                           (B)  in a county that does not contain a highway  | 
      
      
        | 
           
			 | 
        that is part of the national system of interstate and defense  | 
      
      
        | 
           
			 | 
        highways and is adjacent to a county with a population greater than  | 
      
      
        | 
           
			 | 
        3.3 million; | 
      
      
        | 
           
			 | 
                     (8)  a municipality with a population of less than  | 
      
      
        | 
           
			 | 
        8,500 that: | 
      
      
        | 
           
			 | 
                           (A)  is the county seat; and | 
      
      
        | 
           
			 | 
                           (B)  contains a highway that is part of the  | 
      
      
        | 
           
			 | 
        national system of interstate and defense highways; | 
      
      
        | 
           
			 | 
                     (9)  a municipality located in a county with a  | 
      
      
        | 
           
			 | 
        population between 60,000 and 66,000 adjacent to a bay connected to  | 
      
      
        | 
           
			 | 
        the Gulf of Mexico; | 
      
      
        | 
           
			 | 
                     (10)  a municipality with a population of more than  | 
      
      
        | 
           
			 | 
        40,000 and less than 50,000 that is located in a county with a  | 
      
      
        | 
           
			 | 
        population of more than 285,000 and less than 300,000 that borders  | 
      
      
        | 
           
			 | 
        the Gulf of Mexico; [or] | 
      
      
        | 
           
			 | 
                     (11)  a municipality with a population between 18,000  | 
      
      
        | 
           
			 | 
        and 18,500 that is located entirely in a county that: | 
      
      
        | 
           
			 | 
                           (A)  has a population of less than 200,000; | 
      
      
        | 
           
			 | 
                           (B)  is adjacent to two counties that each have a  | 
      
      
        | 
           
			 | 
        population of more than 1.2 million; and | 
      
      
        | 
           
			 | 
                           (C)  contains two highways that are part of the  | 
      
      
        | 
           
			 | 
        national system of interstate and defense highways; or | 
      
      
        | 
           
			 | 
                     (12) [(11)]  a municipality with a population of more  | 
      
      
        | 
           
			 | 
        than 3,000 and less than 10,000 that: | 
      
      
        | 
           
			 | 
                           (A)  contains a highway that is part of the  | 
      
      
        | 
           
			 | 
        national system of interstate and defense highways; and | 
      
      
        | 
           
			 | 
                           (B)  is located in a county with a population  | 
      
      
        | 
           
			 | 
        between 150,000 and 155,000. | 
      
      
        | 
           
			 | 
               SECTION 15.005.  Sections 663.037(d) and (g),  | 
      
      
        | 
           
			 | 
        Transportation Code, as amended by Chapters 125 (H.B. 920) and 1052  | 
      
      
        | 
           
			 | 
        (H.B. 1956), Acts of the 85th Legislature, Regular Session, 2017,  | 
      
      
        | 
           
			 | 
        are reenacted to read as follows: | 
      
      
        | 
           
			 | 
               (d)  The operator of an off-highway vehicle may drive the  | 
      
      
        | 
           
			 | 
        vehicle on a public street, road, or highway that is not an  | 
      
      
        | 
           
			 | 
        interstate or limited-access highway if: | 
      
      
        | 
           
			 | 
                     (1)  the transportation is in connection with: | 
      
      
        | 
           
			 | 
                           (A)  the production, cultivation, care,  | 
      
      
        | 
           
			 | 
        harvesting, preserving, drying, processing, canning, storing,  | 
      
      
        | 
           
			 | 
        handling, shipping, marketing, selling, or use of agricultural  | 
      
      
        | 
           
			 | 
        products, as defined by Section 52.002, Agriculture Code; or | 
      
      
        | 
           
			 | 
                           (B)  utility work performed by a utility; | 
      
      
        | 
           
			 | 
                     (2)  the operator attaches to the back of the vehicle a  | 
      
      
        | 
           
			 | 
        triangular orange flag that is at least six feet above ground level; | 
      
      
        | 
           
			 | 
                     (3)  the vehicle's headlights and taillights are  | 
      
      
        | 
           
			 | 
        illuminated; | 
      
      
        | 
           
			 | 
                     (4)  the operator holds a driver's license, as defined  | 
      
      
        | 
           
			 | 
        by Section 521.001; | 
      
      
        | 
           
			 | 
                     (5)  the operation of the vehicle occurs in the  | 
      
      
        | 
           
			 | 
        daytime; and | 
      
      
        | 
           
			 | 
                     (6)  the operation of the vehicle does not exceed a  | 
      
      
        | 
           
			 | 
        distance of 25 miles from the point of origin to the destination. | 
      
      
        | 
           
			 | 
               (g)  A peace officer or other person who provides law  | 
      
      
        | 
           
			 | 
        enforcement, firefighting, ambulance, medical, or other emergency  | 
      
      
        | 
           
			 | 
        services, including a volunteer firefighter, may operate an  | 
      
      
        | 
           
			 | 
        off-highway vehicle on a public street, road, or highway that is not  | 
      
      
        | 
           
			 | 
        an interstate or limited-access highway only if: | 
      
      
        | 
           
			 | 
                     (1)  the transportation is in connection with the  | 
      
      
        | 
           
			 | 
        performance of the operator's official duty; | 
      
      
        | 
           
			 | 
                     (2)  the operator attaches to the back of the vehicle a  | 
      
      
        | 
           
			 | 
        triangular orange flag that is at least six feet above ground level; | 
      
      
        | 
           
			 | 
                     (3)  the vehicle's headlights and taillights are  | 
      
      
        | 
           
			 | 
        illuminated; | 
      
      
        | 
           
			 | 
                     (4)  the operator holds a driver's license, as defined  | 
      
      
        | 
           
			 | 
        by Section 521.001; and | 
      
      
        | 
           
			 | 
                     (5)  the operation of the vehicle does not exceed a  | 
      
      
        | 
           
			 | 
        distance of 10 miles from the point of origin to the destination. | 
      
      
        | 
           
			 | 
        ARTICLE 16.  CHANGES RELATING TO UTILITIES CODE | 
      
      
        | 
           
			 | 
               SECTION 16.001.  Section 39.002, Utilities Code, is amended  | 
      
      
        | 
           
			 | 
        to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 39.002.  APPLICABILITY.  This chapter, other than  | 
      
      
        | 
           
			 | 
        Sections 39.155, 39.157(e), 39.203, [39.903,] 39.904, 39.9051,  | 
      
      
        | 
           
			 | 
        39.9052, and 39.914(e), does not apply to a municipally owned  | 
      
      
        | 
           
			 | 
        utility or an electric cooperative. Sections 39.157(e), 39.203, and  | 
      
      
        | 
           
			 | 
        39.904, however, apply only to a municipally owned utility or an  | 
      
      
        | 
           
			 | 
        electric cooperative that is offering customer choice. If there is  | 
      
      
        | 
           
			 | 
        a conflict between the specific provisions of this chapter and any  | 
      
      
        | 
           
			 | 
        other provisions of this title, except for Chapters 40 and 41, the  | 
      
      
        | 
           
			 | 
        provisions of this chapter control. | 
      
      
        | 
           
			 | 
               SECTION 16.002.  Section 39.352(g), Utilities Code, is  | 
      
      
        | 
           
			 | 
        amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (g)  If a retail electric provider serves an aggregate load  | 
      
      
        | 
           
			 | 
        in excess of 300 megawatts within this state, not less than five  | 
      
      
        | 
           
			 | 
        percent of the load in megawatt hours must consist of residential  | 
      
      
        | 
           
			 | 
        customers.  This requirement applies to an affiliated retail  | 
      
      
        | 
           
			 | 
        electric provider only with respect to load served outside of the  | 
      
      
        | 
           
			 | 
        electric utility's service area, and, in relation to that load, the  | 
      
      
        | 
           
			 | 
        affiliated retail electric provider shall meet the requirements of  | 
      
      
        | 
           
			 | 
        this subsection by serving residential customers outside of the  | 
      
      
        | 
           
			 | 
        electric utility's service area.  For the purpose of this  | 
      
      
        | 
           
			 | 
        subsection, the load served by retail electric providers that are  | 
      
      
        | 
           
			 | 
        under common ownership shall be combined.  A retail electric  | 
      
      
        | 
           
			 | 
        provider may meet the requirements of this subsection by  | 
      
      
        | 
           
			 | 
        demonstrating on an annual basis that it serves residential load  | 
      
      
        | 
           
			 | 
        amounting to five percent of its total load or[,] by demonstrating  | 
      
      
        | 
           
			 | 
        that another retail electric provider serves sufficient qualifying  | 
      
      
        | 
           
			 | 
        residential load on its behalf[, or by paying an amount into the 
         | 
      
      
        | 
           
			 | 
        
          system benefit fund equal to $1 multiplied by a number equal to the 
         | 
      
      
        | 
           
			 | 
        
          difference between the number of megawatt hours it sold to 
         | 
      
      
        | 
           
			 | 
        
          residential customers and the number of megawatt hours it was 
         | 
      
      
        | 
           
			 | 
        
          required to sell to such customers, or in the case of an affiliated 
         | 
      
      
        | 
           
			 | 
        
          retail electric provider, $1 multiplied by a number equal to the 
         | 
      
      
        | 
           
			 | 
        
          difference between the number of megawatt hours sold to residential 
         | 
      
      
        | 
           
			 | 
        
          customers outside of the electric utility's service area and the 
         | 
      
      
        | 
           
			 | 
        
          number of megawatt hours it was required to sell to such customers 
         | 
      
      
        | 
           
			 | 
        
          outside of the electric utility's service area].  Qualifying  | 
      
      
        | 
           
			 | 
        residential load may not include customers served by an affiliated  | 
      
      
        | 
           
			 | 
        retail electric provider in its own service area.  Each retail  | 
      
      
        | 
           
			 | 
        electric provider shall file reports with the commission that are  | 
      
      
        | 
           
			 | 
        necessary to implement this subsection.  This subsection applies  | 
      
      
        | 
           
			 | 
        for 36 months after retail competition begins.  The commission  | 
      
      
        | 
           
			 | 
        shall adopt rules to implement this subsection. | 
      
      
        | 
           
			 | 
               SECTION 16.003.  Section 39.905(f), Utilities Code, is  | 
      
      
        | 
           
			 | 
        amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (f)  Each [Unless funding is provided under Section 39.903, 
         | 
      
      
        | 
           
			 | 
        
          each] unbundled transmission and distribution utility shall  | 
      
      
        | 
           
			 | 
        include in its energy efficiency plan a targeted low-income energy  | 
      
      
        | 
           
			 | 
        efficiency program [as described by Section 39.903(f)(2)], and the  | 
      
      
        | 
           
			 | 
        savings achieved by the program shall count toward the transmission  | 
      
      
        | 
           
			 | 
        and distribution utility's energy efficiency goal.  The commission  | 
      
      
        | 
           
			 | 
        shall determine the appropriate level of funding to be allocated to  | 
      
      
        | 
           
			 | 
        both targeted and standard offer low-income energy efficiency  | 
      
      
        | 
           
			 | 
        programs in each unbundled transmission and distribution utility  | 
      
      
        | 
           
			 | 
        service area.  The level of funding for low-income energy  | 
      
      
        | 
           
			 | 
        efficiency programs shall be provided from money approved by the  | 
      
      
        | 
           
			 | 
        commission for the transmission and distribution utility's energy  | 
      
      
        | 
           
			 | 
        efficiency programs.  The commission shall ensure that annual  | 
      
      
        | 
           
			 | 
        expenditures for the targeted low-income energy efficiency  | 
      
      
        | 
           
			 | 
        programs of each unbundled transmission and distribution utility  | 
      
      
        | 
           
			 | 
        are not less than 10 percent of the transmission and distribution  | 
      
      
        | 
           
			 | 
        utility's energy efficiency budget for the year.  A targeted  | 
      
      
        | 
           
			 | 
        low-income energy efficiency program must comply with the same  | 
      
      
        | 
           
			 | 
        audit requirements that apply to federal weatherization  | 
      
      
        | 
           
			 | 
        subrecipients.  In an energy efficiency cost recovery factor  | 
      
      
        | 
           
			 | 
        proceeding related to expenditures under this subsection, the  | 
      
      
        | 
           
			 | 
        commission shall make findings of fact regarding whether the  | 
      
      
        | 
           
			 | 
        utility meets requirements imposed under this subsection.  The  | 
      
      
        | 
           
			 | 
        state agency that administers the federal weatherization  | 
      
      
        | 
           
			 | 
        assistance program shall participate in energy efficiency cost  | 
      
      
        | 
           
			 | 
        recovery factor proceedings related to expenditures under this  | 
      
      
        | 
           
			 | 
        subsection to ensure that targeted low-income weatherization  | 
      
      
        | 
           
			 | 
        programs are consistent with federal weatherization programs and  | 
      
      
        | 
           
			 | 
        adequately funded. | 
      
      
        | 
           
			 | 
               SECTION 16.004.  Section 40.001(a), Utilities Code, is  | 
      
      
        | 
           
			 | 
        amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Notwithstanding any other provision of law, except  | 
      
      
        | 
           
			 | 
        Sections 39.155, 39.157(e), 39.203, [39.903,] and 39.904, this  | 
      
      
        | 
           
			 | 
        chapter governs the transition to and the establishment of a fully  | 
      
      
        | 
           
			 | 
        competitive electric power industry for municipally owned  | 
      
      
        | 
           
			 | 
        utilities.  With respect to the regulation of municipally owned  | 
      
      
        | 
           
			 | 
        utilities, this chapter controls over any other provision of this  | 
      
      
        | 
           
			 | 
        title, except for sections in which the term "municipally owned  | 
      
      
        | 
           
			 | 
        utility" is specifically used. | 
      
      
        | 
           
			 | 
               SECTION 16.005.  Section 40.004, Utilities Code, is amended  | 
      
      
        | 
           
			 | 
        to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 40.004.  JURISDICTION OF COMMISSION.  Except as  | 
      
      
        | 
           
			 | 
        specifically otherwise provided in this chapter, the commission has  | 
      
      
        | 
           
			 | 
        jurisdiction over municipally owned utilities only for the  | 
      
      
        | 
           
			 | 
        following purposes: | 
      
      
        | 
           
			 | 
                     (1)  to regulate wholesale transmission rates and  | 
      
      
        | 
           
			 | 
        service, including terms of access, to the extent provided by  | 
      
      
        | 
           
			 | 
        Subchapter A, Chapter 35; | 
      
      
        | 
           
			 | 
                     (2)  to regulate certification of retail service areas  | 
      
      
        | 
           
			 | 
        to the extent provided by Chapter 37; | 
      
      
        | 
           
			 | 
                     (3)  to regulate rates on appeal under Subchapters D  | 
      
      
        | 
           
			 | 
        and E, Chapter 33, subject to Section 40.051(c); | 
      
      
        | 
           
			 | 
                     (4)  to establish a code of conduct as provided by  | 
      
      
        | 
           
			 | 
        Section 39.157(e) applicable to anticompetitive activities and to  | 
      
      
        | 
           
			 | 
        affiliate activities limited to structurally unbundled affiliates  | 
      
      
        | 
           
			 | 
        of municipally owned utilities, subject to Section 40.054; | 
      
      
        | 
           
			 | 
                     (5)  to establish terms and conditions for open access  | 
      
      
        | 
           
			 | 
        to transmission and distribution facilities for municipally owned  | 
      
      
        | 
           
			 | 
        utilities providing customer choice, as provided by Section 39.203; | 
      
      
        | 
           
			 | 
                     (6)  [to require collection of the nonbypassable fee 
         | 
      
      
        | 
           
			 | 
        
          established under Section 39.903(b) and] to administer the  | 
      
      
        | 
           
			 | 
        renewable energy credits program under Section 39.904(b) and the  | 
      
      
        | 
           
			 | 
        natural gas energy credits program under Section 39.9044(b); and | 
      
      
        | 
           
			 | 
                     (7)  to require reports of municipally owned utility  | 
      
      
        | 
           
			 | 
        operations only to the extent necessary to: | 
      
      
        | 
           
			 | 
                           (A)  enable the commission to determine the  | 
      
      
        | 
           
			 | 
        aggregate load and energy requirements of the state and the  | 
      
      
        | 
           
			 | 
        resources available to serve that load; or | 
      
      
        | 
           
			 | 
                           (B)  enable the commission to determine  | 
      
      
        | 
           
			 | 
        information relating to market power as provided by Section 39.155. | 
      
      
        | 
           
			 | 
               SECTION 16.006.  Section 41.001, Utilities Code, is amended  | 
      
      
        | 
           
			 | 
        to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 41.001.  APPLICABLE LAW.  Notwithstanding any other  | 
      
      
        | 
           
			 | 
        provision of law, except Sections 39.155, 39.157(e), 39.203,  | 
      
      
        | 
           
			 | 
        [39.903,] and 39.904, this chapter governs the transition to and  | 
      
      
        | 
           
			 | 
        the establishment of a fully competitive electric power industry  | 
      
      
        | 
           
			 | 
        for electric cooperatives.  Regarding the regulation of electric  | 
      
      
        | 
           
			 | 
        cooperatives, this chapter shall control over any other provision  | 
      
      
        | 
           
			 | 
        of this title, except for sections in which the term "electric  | 
      
      
        | 
           
			 | 
        cooperative" is specifically used. | 
      
      
        | 
           
			 | 
        ARTICLE 17.  CHANGES RELATING TO WATER CODE | 
      
      
        | 
           
			 | 
               SECTION 17.001.  Section 11.122(b-1), Water Code, as added  | 
      
      
        | 
           
			 | 
        by Chapter 1097 (H.B. 3735), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is repealed as duplicative of Section 11.122(b-1),  | 
      
      
        | 
           
			 | 
        Water Code, as added by Chapter 429 (S.B. 1430), Acts of the 85th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2017. | 
      
      
        | 
           
			 | 
               SECTION 17.002.  Section 54.016(a), Water Code, as amended  | 
      
      
        | 
           
			 | 
        by Chapters 761 (S.B. 1987) and 965 (S.B. 2014), Acts of the 85th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2017, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (a)  No land within the corporate limits of a city or within  | 
      
      
        | 
           
			 | 
        the extraterritorial jurisdiction of a city, shall be included in a  | 
      
      
        | 
           
			 | 
        district unless the city grants its written consent, by resolution  | 
      
      
        | 
           
			 | 
        or ordinance, to the inclusion of the land within the district in  | 
      
      
        | 
           
			 | 
        accordance with Section 42.042, Local Government Code, and this  | 
      
      
        | 
           
			 | 
        section.  The request to a city for its written consent to the  | 
      
      
        | 
           
			 | 
        creation of a district, shall be signed by a majority in value of  | 
      
      
        | 
           
			 | 
        the holders of title of the land within the proposed district as  | 
      
      
        | 
           
			 | 
        indicated by the county tax rolls.  A petition for the written  | 
      
      
        | 
           
			 | 
        consent of a city to the inclusion of land within a district shall  | 
      
      
        | 
           
			 | 
        describe the boundaries of the land to be included in the district  | 
      
      
        | 
           
			 | 
        by metes and bounds or by lot and block number, if there is a  | 
      
      
        | 
           
			 | 
        recorded map or plat and survey of the area, and state the general  | 
      
      
        | 
           
			 | 
        nature of the work proposed to be done, the necessity for the work,  | 
      
      
        | 
           
			 | 
        and the cost of the project as then estimated by those filing the  | 
      
      
        | 
           
			 | 
        petition.  If, at the time a petition is filed with a city for  | 
      
      
        | 
           
			 | 
        creation of a district, the district proposes to connect to a city's  | 
      
      
        | 
           
			 | 
        water or sewer system or proposes to contract with a regional water  | 
      
      
        | 
           
			 | 
        and wastewater provider which has been designated as such by the  | 
      
      
        | 
           
			 | 
        commission as of the date such petition is filed, to which the city  | 
      
      
        | 
           
			 | 
        has made a capital contribution for the water and wastewater  | 
      
      
        | 
           
			 | 
        facilities serving the area, the proposed district shall be  | 
      
      
        | 
           
			 | 
        designated as a "city service district."  If such proposed district  | 
      
      
        | 
           
			 | 
        does not meet the criteria for a city service district at the time  | 
      
      
        | 
           
			 | 
        the petition seeking creation is filed, such district shall be  | 
      
      
        | 
           
			 | 
        designated as a "noncity service district."  The city's consent  | 
      
      
        | 
           
			 | 
        shall not place any restrictions or conditions on the creation of a  | 
      
      
        | 
           
			 | 
        noncity service district as defined by this chapter other than  | 
      
      
        | 
           
			 | 
        those expressly provided in Subsection (e) of this section and  | 
      
      
        | 
           
			 | 
        shall specifically not limit the amounts of the district's bonds.  A  | 
      
      
        | 
           
			 | 
        city may not require annexation as a consent to creation of any  | 
      
      
        | 
           
			 | 
        district.  A city shall not refuse to approve a district bond issue  | 
      
      
        | 
           
			 | 
        for any reason except that the district is not in compliance with  | 
      
      
        | 
           
			 | 
        valid consent requirements applicable to the district.  If a city  | 
      
      
        | 
           
			 | 
        grants its written consent without the concurrence of the applicant  | 
      
      
        | 
           
			 | 
        to the creation of a noncity service district containing conditions  | 
      
      
        | 
           
			 | 
        or restrictions that the petitioning land owner or owners  | 
      
      
        | 
           
			 | 
        reasonably believe exceed the city's powers, such land owner or  | 
      
      
        | 
           
			 | 
        owners may petition the commission to create the district and to  | 
      
      
        | 
           
			 | 
        modify the conditions and restrictions of the city's consent.  The  | 
      
      
        | 
           
			 | 
        commission may declare any provision of the consent to be null and  | 
      
      
        | 
           
			 | 
        void.  The commission may approve the creation of a district that  | 
      
      
        | 
           
			 | 
        includes any portion of the land covered by the city's consent to  | 
      
      
        | 
           
			 | 
        creation of the district.  The legislature may create and may  | 
      
      
        | 
           
			 | 
        validate the creation of a district that includes any portion of the  | 
      
      
        | 
           
			 | 
        land covered by the city's consent to the creation of the district. | 
      
      
        | 
           
			 | 
               SECTION 17.003.  Section 62.153, Water Code, as amended by  | 
      
      
        | 
           
			 | 
        Chapters 398 (S.B. 1131) and 427 (S.B. 1395), Acts of the 85th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2017, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               Sec. 62.153.  DUTIES OF DISTRICT TREASURER; AUTHORITY OF  | 
      
      
        | 
           
			 | 
        DESIGNATED OFFICER.  (a)  The district treasurer shall: | 
      
      
        | 
           
			 | 
                     (1)  open an account for all funds received by the  | 
      
      
        | 
           
			 | 
        district treasurer for the district and all district funds which  | 
      
      
        | 
           
			 | 
        the treasurer pays out; | 
      
      
        | 
           
			 | 
                     (2)  pay out money on vouchers signed by the chairman of  | 
      
      
        | 
           
			 | 
        the commission, any two members of the commission, or the  | 
      
      
        | 
           
			 | 
        commissioners court, or any two of any number of persons delegated  | 
      
      
        | 
           
			 | 
        by the commission with authority to sign vouchers, provided that  | 
      
      
        | 
           
			 | 
        the commission may, in such delegation, limit the authority of such  | 
      
      
        | 
           
			 | 
        persons and may require that each furnish a fidelity bond in such  | 
      
      
        | 
           
			 | 
        amount as the commission shall specify and subject to commission  | 
      
      
        | 
           
			 | 
        approval; | 
      
      
        | 
           
			 | 
                     (3)  carefully preserve all orders for the payment of  | 
      
      
        | 
           
			 | 
        money; | 
      
      
        | 
           
			 | 
                     (4)  render a correct account to the commissioners  | 
      
      
        | 
           
			 | 
        court of all matters relating to the financial condition of the  | 
      
      
        | 
           
			 | 
        district as often as required by the commissioners court; and | 
      
      
        | 
           
			 | 
                     (5)  not be required to sign a check drawn on a  | 
      
      
        | 
           
			 | 
        depository selected under Section 62.156, unless the district  | 
      
      
        | 
           
			 | 
        treasurer is the designated officer of the district, as defined by  | 
      
      
        | 
           
			 | 
        Section 60.271(g). | 
      
      
        | 
           
			 | 
               (b)  A designated officer of a district may make a payment on  | 
      
      
        | 
           
			 | 
        behalf of the district by a check drawn on a depository selected  | 
      
      
        | 
           
			 | 
        under Section 62.155 in a manner consistent with the payment  | 
      
      
        | 
           
			 | 
        procedures adopted under Section 60.271(f) without authorization  | 
      
      
        | 
           
			 | 
        by the district treasurer. | 
      
      
        | 
           
			 | 
        ARTICLE 18.  CHANGES RELATING TO THE DISPOSITION OF CERTAIN CIVIL  | 
      
      
        | 
           
			 | 
        STATUTES | 
      
      
        | 
           
			 | 
               SECTION 18.001.  (a)  Chapter 2101, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to codify Chapter 817 (S.B. 127), Acts of the 73rd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 1993 (Article 4413(34e), Vernon's  | 
      
      
        | 
           
			 | 
        Texas Civil Statutes), by adding Subchapter D to read as follows: | 
      
      
        | 
           
			 | 
        SUBCHAPTER D.  FINANCIAL REPORTING BY CERTAIN FUNDS AND TRUST  | 
      
      
        | 
           
			 | 
        ACCOUNTS | 
      
      
        | 
           
			 | 
               Sec. 2101.051.  DEFINITION.  In this subchapter,  | 
      
      
        | 
           
			 | 
        "economically targeted investment" means an investment in which at  | 
      
      
        | 
           
			 | 
        least 50 percent of the total investment is allocated to economic  | 
      
      
        | 
           
			 | 
        development within this state or investment in businesses or  | 
      
      
        | 
           
			 | 
        entities located within this state. (V.A.C.S. Art. 4413(34e), Sec.  | 
      
      
        | 
           
			 | 
        4.) | 
      
      
        | 
           
			 | 
               Sec. 2101.052.  APPLICABILITY OF SUBCHAPTER.  The  | 
      
      
        | 
           
			 | 
        requirements of this subchapter apply only to: | 
      
      
        | 
           
			 | 
                     (1)  the permanent school fund; | 
      
      
        | 
           
			 | 
                     (2)  the permanent university fund; | 
      
      
        | 
           
			 | 
                     (3)  the Teacher Retirement System of Texas trust fund;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (4)  each trust account administered by the Employees  | 
      
      
        | 
           
			 | 
        Retirement System of Texas. (V.A.C.S. Art. 4413(34e), Sec. 1.) | 
      
      
        | 
           
			 | 
               Sec. 2101.053.  REPORT DEADLINE; CONTENT OF REPORT.  (a)  The  | 
      
      
        | 
           
			 | 
        manager of each fund or account to which this subchapter applies  | 
      
      
        | 
           
			 | 
        shall submit to the governor, the lieutenant governor, the speaker  | 
      
      
        | 
           
			 | 
        of the house of representatives, and the executive director of the  | 
      
      
        | 
           
			 | 
        State Pension Review Board: | 
      
      
        | 
           
			 | 
                     (1)  not later than January 25 of each year, a report  | 
      
      
        | 
           
			 | 
        with the information required by Subsection (b) covering the last  | 
      
      
        | 
           
			 | 
        six months of the previous calendar year; and | 
      
      
        | 
           
			 | 
                     (2)  not later than June 25 of each year, a report with  | 
      
      
        | 
           
			 | 
        the information required by Subsection (b) covering the first six  | 
      
      
        | 
           
			 | 
        months of that calendar year. | 
      
      
        | 
           
			 | 
               (b)  Each report submitted under Subsection (a) must include  | 
      
      
        | 
           
			 | 
        the following: | 
      
      
        | 
           
			 | 
                     (1)  the number of beneficiaries of the fund or  | 
      
      
        | 
           
			 | 
        account; | 
      
      
        | 
           
			 | 
                     (2)  the name of each individual responsible for  | 
      
      
        | 
           
			 | 
        administering the fund or account and the discretionary investment  | 
      
      
        | 
           
			 | 
        authority granted to the individual; | 
      
      
        | 
           
			 | 
                     (3)  the investment objectives of the fund or account; | 
      
      
        | 
           
			 | 
                     (4)  the current end-of-month market value of the fund  | 
      
      
        | 
           
			 | 
        or account; | 
      
      
        | 
           
			 | 
                     (5)  the current book value of the fund or account; | 
      
      
        | 
           
			 | 
                     (6)  the names and amounts of the 10 largest stock  | 
      
      
        | 
           
			 | 
        holdings of the fund or account and the investment performance of  | 
      
      
        | 
           
			 | 
        those stock holdings during the last 12-month period; | 
      
      
        | 
           
			 | 
                     (7)  the asset allocations of the fund or account  | 
      
      
        | 
           
			 | 
        expressed in percentages of stocks, fixed income, real estate,  | 
      
      
        | 
           
			 | 
        cash, or other financial investments; and | 
      
      
        | 
           
			 | 
                     (8)  the names and amounts of all investments made by  | 
      
      
        | 
           
			 | 
        the fund or account in economically targeted investments. (V.A.C.S.  | 
      
      
        | 
           
			 | 
        Art. 4413(34e), Secs. 2, 3.) | 
      
      
        | 
           
			 | 
               Sec. 2101.054.  EFFECT OF SUBCHAPTER.  This subchapter does  | 
      
      
        | 
           
			 | 
        not diminish, impair, contradict, or affect the duties, powers, or  | 
      
      
        | 
           
			 | 
        authorities granted or imposed on a governing board of a fund or  | 
      
      
        | 
           
			 | 
        account listed in Section 2101.052 by the constitution or laws of  | 
      
      
        | 
           
			 | 
        this state. (V.A. | 
      
      
        | 
           		
			 | 
        C.S. Art. 4413(34e), Sec. 5.) | 
      
      
        | 
           
			 | 
               (b)  Chapter 817 (S.B. 127), Acts of the 73rd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 1993 (Article 4413(34e), Vernon's Texas Civil  | 
      
      
        | 
           
			 | 
        Statutes), is repealed. | 
      
      
        | 
           
			 | 
               SECTION 18.002.  (a)  Title 13, Local Government Code, is  | 
      
      
        | 
           
			 | 
        amended to codify Article 1175, Revised Statutes, by adding  | 
      
      
        | 
           
			 | 
        Subtitle D to read as follows: | 
      
      
        | 
           
			 | 
        SUBTITLE D.  POWERS OF COUNTIES OR MUNICIPALITIES OVER UTILITIES  | 
      
      
        | 
           
			 | 
        GENERALLY | 
      
      
        | 
           
			 | 
        CHAPTER 590.  POWERS OF MUNICIPALITIES OVER UTILITIES | 
      
      
        | 
           
			 | 
               Sec. 590.0001.  POWERS OF HOME-RULE MUNICIPALITIES RELATING  | 
      
      
        | 
           
			 | 
        TO UTILITIES.  Except as otherwise provided by state law enacted  | 
      
      
        | 
           
			 | 
        after the Revised Statutes of 1925 (S.B. 84, Acts of the 39th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 1925) or by federal law: | 
      
      
        | 
           
			 | 
                     (1)  a home-rule municipality may: | 
      
      
        | 
           
			 | 
                           (A)  prohibit the use of any street, alley,  | 
      
      
        | 
           
			 | 
        highway, or grounds of the municipality by any telegraph,  | 
      
      
        | 
           
			 | 
        telephone, electric light, street railway, interurban railway,  | 
      
      
        | 
           
			 | 
        steam railway, gas company, or any other character of public  | 
      
      
        | 
           
			 | 
        utility without first obtaining the consent of the governing  | 
      
      
        | 
           
			 | 
        authorities expressed by ordinance and on paying such compensation  | 
      
      
        | 
           
			 | 
        as may be prescribed and on such condition as may be provided by any  | 
      
      
        | 
           
			 | 
        such ordinance; and | 
      
      
        | 
           
			 | 
                           (B)  determine, fix, and regulate the charges,  | 
      
      
        | 
           
			 | 
        fares, or rates of any person, firm, or corporation enjoying or that  | 
      
      
        | 
           
			 | 
        may enjoy the franchise or exercising any other public privilege in  | 
      
      
        | 
           
			 | 
        said municipality and prescribe the kind of service to be furnished  | 
      
      
        | 
           
			 | 
        by such person, firm, or corporation, and the manner in which it  | 
      
      
        | 
           
			 | 
        shall be rendered, and from time to time alter or change such rules,  | 
      
      
        | 
           
			 | 
        regulations, and compensation;  provided that in adopting such  | 
      
      
        | 
           
			 | 
        regulations and in fixing or changing such compensation, or  | 
      
      
        | 
           
			 | 
        determining the reasonableness thereof, no stock or bonds  | 
      
      
        | 
           
			 | 
        authorized or issued by any corporation enjoying the franchise  | 
      
      
        | 
           
			 | 
        shall be considered unless proof that the same have been actually  | 
      
      
        | 
           
			 | 
        issued by the corporation for money paid and used for the  | 
      
      
        | 
           
			 | 
        development of the corporate property, labor done, or property  | 
      
      
        | 
           
			 | 
        actually received in accordance with the laws and constitution of  | 
      
      
        | 
           
			 | 
        this state applicable thereto; | 
      
      
        | 
           
			 | 
                     (2)  in order to ascertain all facts necessary for a  | 
      
      
        | 
           
			 | 
        proper understanding of what is or should be a reasonable rate or  | 
      
      
        | 
           
			 | 
        regulation, the governing authority shall have full power to  | 
      
      
        | 
           
			 | 
        inspect the books and compel the attendance of witnesses for such  | 
      
      
        | 
           
			 | 
        purpose; | 
      
      
        | 
           
			 | 
                     (3)  provided that in any municipality with a  | 
      
      
        | 
           
			 | 
        population of more than 25,000, the governing body of such  | 
      
      
        | 
           
			 | 
        municipality, when the public service of such municipality may  | 
      
      
        | 
           
			 | 
        require the same, shall have the right and power to compel any  | 
      
      
        | 
           
			 | 
        street railway or other public utility corporation to extend its  | 
      
      
        | 
           
			 | 
        lines of service into any section of said municipality not to exceed  | 
      
      
        | 
           
			 | 
        two miles, all told, in any one year; and | 
      
      
        | 
           
			 | 
                     (4)  whenever any municipality may determine to acquire  | 
      
      
        | 
           
			 | 
        any public utility using and occupying its streets, alleys, and  | 
      
      
        | 
           
			 | 
        avenues as hereinbefore provided, and it shall be necessary to  | 
      
      
        | 
           
			 | 
        condemn the said public utility, the municipality may obtain funds  | 
      
      
        | 
           
			 | 
        for the purpose of acquiring the said public utility and paying the  | 
      
      
        | 
           
			 | 
        compensation therefor, by issuing bonds, notes, or other evidence  | 
      
      
        | 
           
			 | 
        of indebtedness and shall secure the same by fixing a lien on the  | 
      
      
        | 
           
			 | 
        said properties constituting the said public utility so acquired by  | 
      
      
        | 
           
			 | 
        condemnation or purchase or otherwise;  said security shall apply  | 
      
      
        | 
           
			 | 
        alone to said properties so pledged;  and such further regulations  | 
      
      
        | 
           
			 | 
        may be provided by any charter for the proper financing or raising  | 
      
      
        | 
           
			 | 
        the revenue necessary for obtaining any public utilities and  | 
      
      
        | 
           
			 | 
        providing for the fixing of said security. | 
      
      
        | 
           
			 | 
               (b)  Section 341.081, Health and Safety Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 341.081.  AUTHORITY OF HOME-RULE MUNICIPALITIES NOT  | 
      
      
        | 
           
			 | 
        AFFECTED.  This chapter prescribes the minimum requirements of  | 
      
      
        | 
           
			 | 
        sanitation and health protection in this state and does not affect a  | 
      
      
        | 
           
			 | 
        home-rule municipality's authority to enact: | 
      
      
        | 
           
			 | 
                     (1)  more stringent ordinances in matters relating to  | 
      
      
        | 
           
			 | 
        this chapter; or | 
      
      
        | 
           
			 | 
                     (2)  an ordinance under: | 
      
      
        | 
           
			 | 
                           (A)  Section 5, Article XI, [Section V, of the]  | 
      
      
        | 
           
			 | 
        Texas Constitution; or | 
      
      
        | 
           
			 | 
                           (B)  [Article 1175, Revised Statutes; or
         | 
      
      
        | 
           
			 | 
                           [(C)]  Section 51.072 or 590.0001, Local  | 
      
      
        | 
           
			 | 
        Government Code. | 
      
      
        | 
           
			 | 
               (c)  Section 438.037, Health and Safety Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 438.037.  MUNICIPAL ORDINANCES.  This subchapter does  | 
      
      
        | 
           
			 | 
        not affect the authority granted under Section 5, Article XI,  | 
      
      
        | 
           
			 | 
        [Section 5, of the] Texas Constitution, [Article 1175, Revised 
         | 
      
      
        | 
           
			 | 
        
          Statutes,] Subchapter F of this chapter, and the applicable  | 
      
      
        | 
           
			 | 
        chapters of the Local Government Code to a Type A general-law  | 
      
      
        | 
           
			 | 
        municipality or a home-rule municipality to adopt an ordinance  | 
      
      
        | 
           
			 | 
        relating to this subchapter. | 
      
      
        | 
           
			 | 
               (d)  Article 1175, Revised Statutes, is repealed. | 
      
      
        | 
           
			 | 
               (e)  The heading to Chapter 13, Revised Statutes, is  | 
      
      
        | 
           
			 | 
        repealed. | 
      
      
        | 
           
			 | 
               SECTION 18.003.  (a)  Chapter 2021, Occupations Code, as  | 
      
      
        | 
           
			 | 
        effective April 1, 2019, is amended to codify Section 6, Chapter 19  | 
      
      
        | 
           
			 | 
        (S.B. 15), Acts of the 69th Legislature, 2nd Called Session, 1986  | 
      
      
        | 
           
			 | 
        (Article 179e-2, Vernon's Texas Civil Statutes), by adding Section  | 
      
      
        | 
           
			 | 
        2021.009 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 2021.009.  PROHIBITED USE OF STATE APPROPRIATED FUNDS.   | 
      
      
        | 
           
			 | 
        This subtitle prohibits the use of state appropriated funds for  | 
      
      
        | 
           
			 | 
        capital improvements to racetracks or for interest payments on such  | 
      
      
        | 
           
			 | 
        facilities except for racetracks that were publicly owned on  | 
      
      
        | 
           
			 | 
        September 1, 1986. | 
      
      
        | 
           
			 | 
               (b)  Section 6, Chapter 19 (S.B. 15), Acts of the 69th  | 
      
      
        | 
           
			 | 
        Legislature, 2nd Called Session, 1986 (Article 179e-2, Vernon's  | 
      
      
        | 
           
			 | 
        Texas Civil Statutes), is repealed. | 
      
      
        | 
           
			 | 
               SECTION 18.004.  (a)  Section 6, Chapter 355 (H.B. 417),  | 
      
      
        | 
           
			 | 
        General Laws, Acts of the 44th Legislature, Regular Session, 1935  | 
      
      
        | 
           
			 | 
        (Article 6819d, Vernon's Texas Civil Statutes), is repealed as  | 
      
      
        | 
           
			 | 
        executed. | 
      
      
        | 
           
			 | 
               (b)  The heading to Title 117, Revised Statutes, is repealed. | 
      
      
        | 
           
			 | 
        ARTICLE 19.  CONFORMING CHANGES RELATING TO THE ABOLISHMENT OF THE  | 
      
      
        | 
           
			 | 
        TEXAS STATE BOARD OF PODIATRIC MEDICAL EXAMINERS | 
      
      
        | 
           
			 | 
               SECTION 19.001.  Section 22.056, Business Organizations  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 22.056.  HEALTH ORGANIZATION CORPORATION.  (a)  Doctors  | 
      
      
        | 
           
			 | 
        of medicine and osteopathy licensed by the Texas Medical Board,  | 
      
      
        | 
           
			 | 
        podiatrists licensed by the Texas Department of Licensing and  | 
      
      
        | 
           
			 | 
        Regulation [State Board of Podiatric Medical Examiners], and  | 
      
      
        | 
           
			 | 
        chiropractors licensed by the Texas Board of Chiropractic Examiners  | 
      
      
        | 
           
			 | 
        may form a corporation that is jointly owned, managed, and  | 
      
      
        | 
           
			 | 
        controlled by those practitioners to perform a professional service  | 
      
      
        | 
           
			 | 
        that falls within the scope of practice of those practitioners and  | 
      
      
        | 
           
			 | 
        consists of: | 
      
      
        | 
           
			 | 
                     (1)  carrying out research in the public interest in  | 
      
      
        | 
           
			 | 
        medical science, medical economics, public health, sociology, or a  | 
      
      
        | 
           
			 | 
        related field; | 
      
      
        | 
           
			 | 
                     (2)  supporting medical education in medical schools  | 
      
      
        | 
           
			 | 
        through grants or scholarships; | 
      
      
        | 
           
			 | 
                     (3)  developing the capabilities of individuals or  | 
      
      
        | 
           
			 | 
        institutions studying, teaching, or practicing medicine, including  | 
      
      
        | 
           
			 | 
        podiatric medicine, or chiropractic; | 
      
      
        | 
           
			 | 
                     (4)  delivering health care to the public; or | 
      
      
        | 
           
			 | 
                     (5)  instructing the public regarding medical science,  | 
      
      
        | 
           
			 | 
        public health, hygiene, or a related matter. | 
      
      
        | 
           
			 | 
               (b)  When doctors of medicine, osteopathy, podiatry, and  | 
      
      
        | 
           
			 | 
        chiropractic form a corporation that is jointly owned by those  | 
      
      
        | 
           
			 | 
        practitioners, the authority of each of the practitioners is  | 
      
      
        | 
           
			 | 
        limited by the scope of practice of the respective practitioners  | 
      
      
        | 
           
			 | 
        and none can exercise control over the other's clinical authority  | 
      
      
        | 
           
			 | 
        granted by their respective licenses, either through agreements,  | 
      
      
        | 
           
			 | 
        the certificate of formation or bylaws of the corporation,  | 
      
      
        | 
           
			 | 
        directives, financial incentives, or other arrangements that would  | 
      
      
        | 
           
			 | 
        assert control over treatment decisions made by the practitioner.   | 
      
      
        | 
           
			 | 
        The Texas Medical Board, the Texas Department of Licensing and  | 
      
      
        | 
           
			 | 
        Regulation [State Board of Podiatric Medical Examiners], and the  | 
      
      
        | 
           
			 | 
        Texas Board of Chiropractic Examiners continue to exercise  | 
      
      
        | 
           
			 | 
        regulatory authority over their respective licenses. | 
      
      
        | 
           
			 | 
               SECTION 19.002.  Sections 152.055(a) and (c), Business  | 
      
      
        | 
           
			 | 
        Organizations Code, are amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Persons licensed as doctors of medicine and persons  | 
      
      
        | 
           
			 | 
        licensed as doctors of osteopathy by the Texas Medical Board,  | 
      
      
        | 
           
			 | 
        persons licensed as podiatrists by the Texas Department of  | 
      
      
        | 
           
			 | 
        Licensing and Regulation [State Board of Podiatric Medical 
         | 
      
      
        | 
           
			 | 
        
          Examiners], and persons licensed as chiropractors by the Texas  | 
      
      
        | 
           
			 | 
        Board of Chiropractic Examiners may create a partnership that is  | 
      
      
        | 
           
			 | 
        jointly owned by those practitioners to perform a professional  | 
      
      
        | 
           
			 | 
        service that falls within the scope of practice of those  | 
      
      
        | 
           
			 | 
        practitioners. | 
      
      
        | 
           
			 | 
               (c)  The Texas Medical Board, the Texas Department of  | 
      
      
        | 
           
			 | 
        Licensing and Regulation [State Board of Podiatric Medical 
         | 
      
      
        | 
           
			 | 
        
          Examiners], and the Texas Board of Chiropractic Examiners continue  | 
      
      
        | 
           
			 | 
        to exercise regulatory authority over their respective licenses. | 
      
      
        | 
           
			 | 
               SECTION 19.003.  Section 301.012(a), Business Organizations  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Persons licensed as doctors of medicine and persons  | 
      
      
        | 
           
			 | 
        licensed as doctors of osteopathy by the Texas Medical Board,  | 
      
      
        | 
           
			 | 
        persons licensed as podiatrists by the Texas Department of  | 
      
      
        | 
           
			 | 
        Licensing and Regulation [State Board of Podiatric Medical 
         | 
      
      
        | 
           
			 | 
        
          Examiners], and persons licensed as chiropractors by the Texas  | 
      
      
        | 
           
			 | 
        Board of Chiropractic Examiners may jointly form and own a  | 
      
      
        | 
           
			 | 
        professional association or a professional limited liability  | 
      
      
        | 
           
			 | 
        company to perform professional services that fall within the scope  | 
      
      
        | 
           
			 | 
        of practice of those practitioners. | 
      
      
        | 
           
			 | 
               SECTION 19.004.  Section 411.122(d), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (d)  The following state agencies are subject to this  | 
      
      
        | 
           
			 | 
        section: | 
      
      
        | 
           
			 | 
                     (1)  Texas Appraiser Licensing and Certification  | 
      
      
        | 
           
			 | 
        Board; | 
      
      
        | 
           
			 | 
                     (2)  Texas Board of Architectural Examiners; | 
      
      
        | 
           
			 | 
                     (3)  Texas Board of Chiropractic Examiners; | 
      
      
        | 
           
			 | 
                     (4)  State Board of Dental Examiners; | 
      
      
        | 
           
			 | 
                     (5)  Texas Board of Professional Engineers; | 
      
      
        | 
           
			 | 
                     (6)  Texas Funeral Service Commission; | 
      
      
        | 
           
			 | 
                     (7)  Texas Board of Professional Geoscientists; | 
      
      
        | 
           
			 | 
                     (8)  Health and Human Services Commission [Department 
         | 
      
      
        | 
           
			 | 
        
          of State Health Services], except as provided by Section 411.110,  | 
      
      
        | 
           
			 | 
        and agencies attached to the commission [department], including: | 
      
      
        | 
           
			 | 
                           (A)  Texas State Board of Examiners of Marriage  | 
      
      
        | 
           
			 | 
        and Family Therapists; | 
      
      
        | 
           
			 | 
                           (B)  Texas State Board of Examiners of  | 
      
      
        | 
           
			 | 
        Professional Counselors; and | 
      
      
        | 
           
			 | 
                           (C)  Texas State Board of Social Worker Examiners; | 
      
      
        | 
           
			 | 
                     (9)  Texas Board of Professional Land Surveying; | 
      
      
        | 
           
			 | 
                     (10)  Texas Department of Licensing and Regulation,  | 
      
      
        | 
           
			 | 
        except as provided by Section 411.093; | 
      
      
        | 
           
			 | 
                     (11)  Texas Commission on Environmental Quality; | 
      
      
        | 
           
			 | 
                     (12)  Texas Board of Occupational Therapy Examiners; | 
      
      
        | 
           
			 | 
                     (13)  Texas Optometry Board; | 
      
      
        | 
           
			 | 
                     (14)  Texas State Board of Pharmacy; | 
      
      
        | 
           
			 | 
                     (15)  Texas Board of Physical Therapy Examiners; | 
      
      
        | 
           
			 | 
                     (16)  Texas State Board of Plumbing Examiners; | 
      
      
        | 
           
			 | 
                     (17)  [Texas State Board of Podiatric Medical 
         | 
      
      
        | 
           
			 | 
        
          Examiners;
         | 
      
      
        | 
           
			 | 
                     [(18)]  Texas State Board of Examiners of  | 
      
      
        | 
           
			 | 
        Psychologists; | 
      
      
        | 
           
			 | 
                     (18) [(19)]  Texas Real Estate Commission; | 
      
      
        | 
           
			 | 
                     (19) [(20)]  Texas Department of Transportation; | 
      
      
        | 
           
			 | 
                     (20) [(21)]  State Board of Veterinary Medical  | 
      
      
        | 
           
			 | 
        Examiners; | 
      
      
        | 
           
			 | 
                     (21) [(22)]  Texas Department of Housing and Community  | 
      
      
        | 
           
			 | 
        Affairs; | 
      
      
        | 
           
			 | 
                     (22) [(23)]  secretary of state; | 
      
      
        | 
           
			 | 
                     (23) [(24)]  state fire marshal; | 
      
      
        | 
           
			 | 
                     (24) [(25)]  Texas Education Agency; | 
      
      
        | 
           
			 | 
                     (25) [(26)]  Department of Agriculture; and | 
      
      
        | 
           
			 | 
                     (26) [(27)]  Texas Department of Motor Vehicles. | 
      
      
        | 
           
			 | 
               SECTION 19.005.  Section 2054.2606(a), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The following licensing entities shall establish a  | 
      
      
        | 
           
			 | 
        profile system consisting of the specific license holder  | 
      
      
        | 
           
			 | 
        information prescribed by Subsection (c): | 
      
      
        | 
           
			 | 
                     (1)  Texas Board of Chiropractic Examiners, with  | 
      
      
        | 
           
			 | 
        respect to chiropractors; | 
      
      
        | 
           
			 | 
                     (2)  Texas Department of Licensing and Regulation  | 
      
      
        | 
           
			 | 
        [State Board of Podiatric Medical Examiners], with respect to  | 
      
      
        | 
           
			 | 
        podiatrists; | 
      
      
        | 
           
			 | 
                     (3)  State Board of Dental Examiners, with respect to  | 
      
      
        | 
           
			 | 
        dentists; | 
      
      
        | 
           
			 | 
                     (4)  Texas Optometry Board, with respect to  | 
      
      
        | 
           
			 | 
        optometrists and therapeutic optometrists; | 
      
      
        | 
           
			 | 
                     (5)  Texas Board of Physical Therapy Examiners, with  | 
      
      
        | 
           
			 | 
        respect to physical therapists and physical therapy facilities; | 
      
      
        | 
           
			 | 
                     (6)  Texas Board of Occupational Therapy Examiners,  | 
      
      
        | 
           
			 | 
        with respect to occupational therapists and occupational therapy  | 
      
      
        | 
           
			 | 
        facilities; | 
      
      
        | 
           
			 | 
                     (7)  Texas State Board of Examiners of Psychologists,  | 
      
      
        | 
           
			 | 
        with respect to psychologists; and | 
      
      
        | 
           
			 | 
                     (8)  Texas State Board of Pharmacy, with respect to  | 
      
      
        | 
           
			 | 
        pharmacists and pharmacies. | 
      
      
        | 
           
			 | 
               SECTION 19.006.  Section 2054.352(a), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The following licensing entities shall participate in  | 
      
      
        | 
           
			 | 
        the system established under Section 2054.353: | 
      
      
        | 
           
			 | 
                     (1)  Texas Board of Chiropractic Examiners; | 
      
      
        | 
           
			 | 
                     (2)  Judicial Branch Certification Commission; | 
      
      
        | 
           
			 | 
                     (3)  State Board of Dental Examiners; | 
      
      
        | 
           
			 | 
                     (4)  Texas Funeral Service Commission; | 
      
      
        | 
           
			 | 
                     (5)  Texas Board of Professional Land Surveying; | 
      
      
        | 
           
			 | 
                     (6)  Texas Medical Board; | 
      
      
        | 
           
			 | 
                     (7)  Texas Board of Nursing; | 
      
      
        | 
           
			 | 
                     (8)  Texas Optometry Board; | 
      
      
        | 
           
			 | 
                     (9)  Department of Agriculture, for licenses issued  | 
      
      
        | 
           
			 | 
        under Chapter 1951, Occupations Code; | 
      
      
        | 
           
			 | 
                     (10)  Texas State Board of Pharmacy; | 
      
      
        | 
           
			 | 
                     (11)  Executive Council of Physical Therapy and  | 
      
      
        | 
           
			 | 
        Occupational Therapy Examiners; | 
      
      
        | 
           
			 | 
                     (12)  Texas State Board of Plumbing Examiners; | 
      
      
        | 
           
			 | 
                     (13)  [Texas State Board of Podiatric Medical 
         | 
      
      
        | 
           
			 | 
        
          Examiners;
         | 
      
      
        | 
           
			 | 
                     [(14)]  Texas State Board of Examiners of  | 
      
      
        | 
           
			 | 
        Psychologists; | 
      
      
        | 
           
			 | 
                     (14) [(15)]  State Board of Veterinary Medical  | 
      
      
        | 
           
			 | 
        Examiners; | 
      
      
        | 
           
			 | 
                     (15) [(16)]  Texas Real Estate Commission; | 
      
      
        | 
           
			 | 
                     (16) [(17)]  Texas Appraiser Licensing and  | 
      
      
        | 
           
			 | 
        Certification Board; | 
      
      
        | 
           
			 | 
                     (17) [(18)]  Texas Department of Licensing and  | 
      
      
        | 
           
			 | 
        Regulation; | 
      
      
        | 
           
			 | 
                     (18) [(19)]  Texas State Board of Public Accountancy; | 
      
      
        | 
           
			 | 
                     (19) [(20)]  State Board for Educator Certification; | 
      
      
        | 
           
			 | 
                     (20) [(21)]  Texas Board of Professional Engineers; | 
      
      
        | 
           
			 | 
                     (21)  Health and Human Services Commission  | 
      
      
        | 
           
			 | 
        [(22)  Department of State Health Services]; | 
      
      
        | 
           
			 | 
                     (22) [(23)]  Texas Board of Architectural Examiners; | 
      
      
        | 
           
			 | 
                     (23) [(24)]  Texas Racing Commission; | 
      
      
        | 
           
			 | 
                     (24) [(25)]  Texas Commission on Law Enforcement; and | 
      
      
        | 
           
			 | 
                     (25) [(26)]  Texas Private Security Board. | 
      
      
        | 
           
			 | 
               SECTION 19.007.  Section 241.003(13), Health and Safety  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
                     (13)  "Podiatrist" means a podiatrist licensed by the  | 
      
      
        | 
           
			 | 
        Texas Department of Licensing and Regulation [State Board of 
         | 
      
      
        | 
           
			 | 
        
          Podiatric Medical Examiners]. | 
      
      
        | 
           
			 | 
               SECTION 19.008.  Section 401.064(f), Health and Safety Code,  | 
      
      
        | 
           
			 | 
        is amended to read as follows: | 
      
      
        | 
           
			 | 
               (f)  In adopting rules under this section relating to the  | 
      
      
        | 
           
			 | 
        inspection of medical, podiatric medical, dental, veterinary, and  | 
      
      
        | 
           
			 | 
        chiropractic electronic products, the executive commissioner shall  | 
      
      
        | 
           
			 | 
        solicit and follow the recommendations of the State Board of Dental  | 
      
      
        | 
           
			 | 
        Examiners for the inspections of dental electronic products, the  | 
      
      
        | 
           
			 | 
        Texas Department of Licensing and Regulation [State Board of 
         | 
      
      
        | 
           
			 | 
        
          Podiatric Medical Examiners] for the inspection of podiatric  | 
      
      
        | 
           
			 | 
        medical electronic products, the Texas Medical Board for the  | 
      
      
        | 
           
			 | 
        inspection of medical electronic products, the State Board of  | 
      
      
        | 
           
			 | 
        Veterinary Medical Examiners for the inspection of medical  | 
      
      
        | 
           
			 | 
        electronic products used in the practice of veterinary medicine,  | 
      
      
        | 
           
			 | 
        and the Texas Board of Chiropractic Examiners for the inspection of  | 
      
      
        | 
           
			 | 
        chiropractic electronic products, unless in conflict with federal  | 
      
      
        | 
           
			 | 
        statutes or federal rules. | 
      
      
        | 
           
			 | 
               SECTION 19.009.  Section 481.076(a), Health and Safety Code,  | 
      
      
        | 
           
			 | 
        is amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The board may not permit any person to have access to  | 
      
      
        | 
           
			 | 
        information submitted to the board under Section 481.074(q) or  | 
      
      
        | 
           
			 | 
        481.075 except: | 
      
      
        | 
           
			 | 
                     (1)  the board, the Texas Medical Board, the Texas  | 
      
      
        | 
           
			 | 
        Department of Licensing and Regulation, with respect to the  | 
      
      
        | 
           
			 | 
        regulation of podiatrists [State Board of Podiatric Medical 
         | 
      
      
        | 
           
			 | 
        
          Examiners], the State Board of Dental Examiners, the State Board of  | 
      
      
        | 
           
			 | 
        Veterinary Medical Examiners, the Texas Board of Nursing, or the  | 
      
      
        | 
           
			 | 
        Texas Optometry Board for the purpose of: | 
      
      
        | 
           
			 | 
                           (A)  investigating a specific license holder; or | 
      
      
        | 
           
			 | 
                           (B)  monitoring for potentially harmful  | 
      
      
        | 
           
			 | 
        prescribing or dispensing patterns or practices under Section  | 
      
      
        | 
           
			 | 
        481.0762; | 
      
      
        | 
           
			 | 
                     (2)  an authorized officer or member of the department  | 
      
      
        | 
           
			 | 
        or authorized employee of the board engaged in the administration,  | 
      
      
        | 
           
			 | 
        investigation, or enforcement of this chapter or another law  | 
      
      
        | 
           
			 | 
        governing illicit drugs in this state or another state; | 
      
      
        | 
           
			 | 
                     (3)  the department on behalf of a law enforcement or  | 
      
      
        | 
           
			 | 
        prosecutorial official engaged in the administration,  | 
      
      
        | 
           
			 | 
        investigation, or enforcement of this chapter or another law  | 
      
      
        | 
           
			 | 
        governing illicit drugs in this state or another state; | 
      
      
        | 
           
			 | 
                     (4)  a medical examiner conducting an investigation; | 
      
      
        | 
           
			 | 
                     (5)  provided that accessing the information is  | 
      
      
        | 
           
			 | 
        authorized under the Health Insurance Portability and  | 
      
      
        | 
           
			 | 
        Accountability Act of 1996 (Pub. L. No. 104-191) and regulations  | 
      
      
        | 
           
			 | 
        adopted under that Act: | 
      
      
        | 
           
			 | 
                           (A)  a pharmacist or a pharmacy technician, as  | 
      
      
        | 
           
			 | 
        defined by Section 551.003, Occupations Code, acting at the  | 
      
      
        | 
           
			 | 
        direction of a pharmacist; or | 
      
      
        | 
           
			 | 
                           (B)  a practitioner who: | 
      
      
        | 
           
			 | 
                                 (i)  is a physician, dentist, veterinarian,  | 
      
      
        | 
           
			 | 
        podiatrist, optometrist, or advanced practice nurse or is a  | 
      
      
        | 
           
			 | 
        physician assistant described by Section 481.002(39)(D) or an  | 
      
      
        | 
           
			 | 
        employee or other agent of a practitioner acting at the direction of  | 
      
      
        | 
           
			 | 
        a practitioner; and | 
      
      
        | 
           
			 | 
                                 (ii)  is inquiring about a recent Schedule  | 
      
      
        | 
           
			 | 
        II, III, IV, or V prescription history of a particular patient of  | 
      
      
        | 
           
			 | 
        the practitioner; | 
      
      
        | 
           
			 | 
                     (6)  a pharmacist or practitioner who is inquiring  | 
      
      
        | 
           
			 | 
        about the person's own dispensing or prescribing activity; or | 
      
      
        | 
           
			 | 
                     (7)  one or more states or an association of states with  | 
      
      
        | 
           
			 | 
        which the board has an interoperability agreement, as provided by  | 
      
      
        | 
           
			 | 
        Subsection (j). | 
      
      
        | 
           
			 | 
               SECTION 19.010.  Section 483.001(12), Health and Safety  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
                     (12)  "Practitioner" means: | 
      
      
        | 
           
			 | 
                           (A)  a person licensed by: | 
      
      
        | 
           
			 | 
                                 (i)  the Texas Medical Board, State Board of  | 
      
      
        | 
           
			 | 
        Dental Examiners, [Texas State Board of Podiatric Medical 
         | 
      
      
        | 
           
			 | 
        
          Examiners,] Texas Optometry Board, or State Board of Veterinary  | 
      
      
        | 
           
			 | 
        Medical Examiners to prescribe and administer dangerous drugs; or | 
      
      
        | 
           
			 | 
                                 (ii)  the Texas Department of Licensing and  | 
      
      
        | 
           
			 | 
        Regulation, with respect to podiatry, to prescribe and administer  | 
      
      
        | 
           
			 | 
        dangerous drugs; | 
      
      
        | 
           
			 | 
                           (B)  a person licensed by another state in a  | 
      
      
        | 
           
			 | 
        health field in which, under the laws of this state, a licensee may  | 
      
      
        | 
           
			 | 
        legally prescribe dangerous drugs; | 
      
      
        | 
           
			 | 
                           (C)  a person licensed in Canada or Mexico in a  | 
      
      
        | 
           
			 | 
        health field in which, under the laws of this state, a licensee may  | 
      
      
        | 
           
			 | 
        legally prescribe dangerous drugs; or | 
      
      
        | 
           
			 | 
                           (D)  an advanced practice registered nurse or  | 
      
      
        | 
           
			 | 
        physician assistant to whom a physician has delegated the authority  | 
      
      
        | 
           
			 | 
        to prescribe or order a drug or device under Section 157.0511,  | 
      
      
        | 
           
			 | 
        157.0512, or 157.054, Occupations Code. | 
      
      
        | 
           
			 | 
               SECTION 19.011.  Section 843.311, Insurance Code, is amended  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 843.311.  CONTRACTS WITH PODIATRISTS.  A contract  | 
      
      
        | 
           
			 | 
        between a health maintenance organization and a podiatrist licensed  | 
      
      
        | 
           
			 | 
        by the Texas Department of Licensing and Regulation [State Board of 
         | 
      
      
        | 
           
			 | 
        
          Podiatric Medical Examiners] must provide that: | 
      
      
        | 
           
			 | 
                     (1)  the podiatrist may request, and the health  | 
      
      
        | 
           
			 | 
        maintenance organization shall provide not later than the 30th day  | 
      
      
        | 
           
			 | 
        after the date of the request, a copy of the coding guidelines and  | 
      
      
        | 
           
			 | 
        payment schedules applicable to the compensation that the  | 
      
      
        | 
           
			 | 
        podiatrist will receive under the contract for services; | 
      
      
        | 
           
			 | 
                     (2)  the health maintenance organization may not  | 
      
      
        | 
           
			 | 
        unilaterally make material retroactive revisions to the coding  | 
      
      
        | 
           
			 | 
        guidelines and payment schedules; and | 
      
      
        | 
           
			 | 
                     (3)  the podiatrist may, while practicing within the  | 
      
      
        | 
           
			 | 
        scope of the law regulating podiatry, provide x-rays and  | 
      
      
        | 
           
			 | 
        nonprefabricated orthotics covered by the evidence of coverage. | 
      
      
        | 
           
			 | 
               SECTION 19.012.  Section 843.319, Insurance Code, is amended  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 843.319.  CERTAIN REQUIRED CONTRACTS.  Notwithstanding  | 
      
      
        | 
           
			 | 
        Section 843.304, a health maintenance organization may not deny a  | 
      
      
        | 
           
			 | 
        contract to a podiatrist licensed by the Texas Department of  | 
      
      
        | 
           
			 | 
        Licensing and Regulation [State Board of Podiatric Medical 
         | 
      
      
        | 
           
			 | 
        
          Examiners] who joins the professional practice of a contracted  | 
      
      
        | 
           
			 | 
        physician or provider, satisfies the application procedures of the  | 
      
      
        | 
           
			 | 
        health maintenance organization, and meets the qualification and  | 
      
      
        | 
           
			 | 
        credentialing requirements for contracting with the health  | 
      
      
        | 
           
			 | 
        maintenance organization. | 
      
      
        | 
           
			 | 
               SECTION 19.013.  Section 1301.0521(a), Insurance Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Notwithstanding Section 1301.051, an insurer may not  | 
      
      
        | 
           
			 | 
        withhold the designation of preferred provider to a podiatrist  | 
      
      
        | 
           
			 | 
        licensed by the Texas Department of Licensing and Regulation [State 
         | 
      
      
        | 
           
			 | 
        
          Board of Podiatric Medical Examiners] who: | 
      
      
        | 
           
			 | 
                     (1)  joins the professional practice of a contracted  | 
      
      
        | 
           
			 | 
        preferred provider; | 
      
      
        | 
           
			 | 
                     (2)  applies to the insurer for designation as a  | 
      
      
        | 
           
			 | 
        preferred provider; and | 
      
      
        | 
           
			 | 
                     (3)  complies with the terms and conditions of  | 
      
      
        | 
           
			 | 
        eligibility to be a preferred provider. | 
      
      
        | 
           
			 | 
               SECTION 19.014.  Section 1301.062, Insurance Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1301.062.  PREFERRED PROVIDER CONTRACTS BETWEEN  | 
      
      
        | 
           
			 | 
        INSURERS AND PODIATRISTS.  A preferred provider contract between an  | 
      
      
        | 
           
			 | 
        insurer and a podiatrist licensed by the Texas Department of  | 
      
      
        | 
           
			 | 
        Licensing and Regulation [State Board of Podiatric Medical 
         | 
      
      
        | 
           
			 | 
        
          Examiners] must provide that: | 
      
      
        | 
           
			 | 
                     (1)  the podiatrist may request a copy of the coding  | 
      
      
        | 
           
			 | 
        guidelines and payment schedules applicable to the compensation  | 
      
      
        | 
           
			 | 
        that the podiatrist will receive under the contract for services; | 
      
      
        | 
           
			 | 
                     (2)  the insurer shall provide a copy of the coding  | 
      
      
        | 
           
			 | 
        guidelines and payment schedules not later than the 30th day after  | 
      
      
        | 
           
			 | 
        the date of the podiatrist's request; | 
      
      
        | 
           
			 | 
                     (3)  the insurer may not unilaterally make material  | 
      
      
        | 
           
			 | 
        retroactive revisions to the coding guidelines and payment  | 
      
      
        | 
           
			 | 
        schedules; and | 
      
      
        | 
           
			 | 
                     (4)  the podiatrist may, practicing within the scope of  | 
      
      
        | 
           
			 | 
        the law regulating podiatry, furnish x-rays and nonprefabricated  | 
      
      
        | 
           
			 | 
        orthotics covered by the health insurance policy. | 
      
      
        | 
           
			 | 
               SECTION 19.015.  Section 1451.001(17), Insurance Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
                     (17)  "Podiatrist" means an individual licensed to  | 
      
      
        | 
           
			 | 
        practice podiatry by the Texas Department of Licensing and  | 
      
      
        | 
           
			 | 
        Regulation [State Board of Podiatric Medical Examiners]. | 
      
      
        | 
           
			 | 
               SECTION 19.016.  Section 1452.153, Insurance Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1452.153.  ELIGIBILITY REQUIREMENTS.  To qualify for  | 
      
      
        | 
           
			 | 
        expedited credentialing under this subchapter and payment under  | 
      
      
        | 
           
			 | 
        Section 1452.154, an applicant podiatrist must: | 
      
      
        | 
           
			 | 
                     (1)  be licensed as a podiatrist in this state by, and  | 
      
      
        | 
           
			 | 
        be in good standing with, the Texas Department of Licensing and  | 
      
      
        | 
           
			 | 
        Regulation [State Board of Podiatric Medical Examiners]; | 
      
      
        | 
           
			 | 
                     (2)  submit all documentation and other information  | 
      
      
        | 
           
			 | 
        required by the issuer of the managed care plan as necessary to  | 
      
      
        | 
           
			 | 
        enable the issuer to begin the credentialing process required by  | 
      
      
        | 
           
			 | 
        the issuer to include a podiatrist in the issuer's health benefit  | 
      
      
        | 
           
			 | 
        plan network; and | 
      
      
        | 
           
			 | 
                     (3)  agree to comply with the terms of the managed care  | 
      
      
        | 
           
			 | 
        plan's participating provider contract currently in force with the  | 
      
      
        | 
           
			 | 
        applicant podiatrist's established professional practice. | 
      
      
        | 
           
			 | 
               SECTION 19.017.  Section 56.002, Occupations Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 56.002.  APPLICABILITY.  This chapter applies only to  | 
      
      
        | 
           
			 | 
        the following licensing authorities: | 
      
      
        | 
           
			 | 
                     (1)  Texas Board of Chiropractic Examiners; | 
      
      
        | 
           
			 | 
                     (2)  State Board of Dental Examiners; | 
      
      
        | 
           
			 | 
                     (3)  Texas Department of Licensing and Regulation, with  | 
      
      
        | 
           
			 | 
        respect to the department's authority to regulate podiatrists  | 
      
      
        | 
           
			 | 
        [State Board of Podiatric Medical Examiners]; and | 
      
      
        | 
           
			 | 
                     (4)  Texas Medical [State] Board [of Medical 
         | 
      
      
        | 
           
			 | 
        
          Examiners]. | 
      
      
        | 
           
			 | 
               SECTION 19.018.  Section 101.002, Occupations Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 101.002.  COMPOSITION OF COUNCIL.  The council consists  | 
      
      
        | 
           
			 | 
        of 14 members, with one member appointed by each of the following: | 
      
      
        | 
           
			 | 
                     (1)  the Texas Board of Chiropractic Examiners; | 
      
      
        | 
           
			 | 
                     (2)  the State Board of Dental Examiners; | 
      
      
        | 
           
			 | 
                     (3)  the Texas Optometry Board; | 
      
      
        | 
           
			 | 
                     (4)  the Texas State Board of Pharmacy; | 
      
      
        | 
           
			 | 
                     (5)  the Texas Department of Licensing and Regulation  | 
      
      
        | 
           
			 | 
        [State Board of Podiatric Medical Examiners]; | 
      
      
        | 
           
			 | 
                     (6)  the State Board of Veterinary Medical Examiners; | 
      
      
        | 
           
			 | 
                     (7)  the Texas Medical Board; | 
      
      
        | 
           
			 | 
                     (8)  the Texas Board of Nursing; | 
      
      
        | 
           
			 | 
                     (9)  the Texas State Board of Examiners of  | 
      
      
        | 
           
			 | 
        Psychologists; | 
      
      
        | 
           
			 | 
                     (10)  the Texas Funeral Service Commission; | 
      
      
        | 
           
			 | 
                     (11)  the entity that regulates the practice of  | 
      
      
        | 
           
			 | 
        physical therapy; | 
      
      
        | 
           
			 | 
                     (12)  the entity that regulates the practice of  | 
      
      
        | 
           
			 | 
        occupational therapy; | 
      
      
        | 
           
			 | 
                     (13)  the health licensing division of the Health and  | 
      
      
        | 
           
			 | 
        Human Services Commission [Department of State Health Services];  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (14)  the governor's office. | 
      
      
        | 
           
			 | 
               SECTION 19.019.  Section 104.003(g), Occupations Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (g)  A person who is licensed by the Texas Department of  | 
      
      
        | 
           
			 | 
        Licensing and Regulation to practice podiatry [State Board of 
         | 
      
      
        | 
           
			 | 
        
          Podiatric Medical Examiners] shall use: | 
      
      
        | 
           
			 | 
                     (1)  chiropodist; | 
      
      
        | 
           
			 | 
                     (2)  doctor, D.S.C.; | 
      
      
        | 
           
			 | 
                     (3)  doctor of surgical chiropody; | 
      
      
        | 
           
			 | 
                     (4)  D.S.C.; | 
      
      
        | 
           
			 | 
                     (5)  podiatrist; | 
      
      
        | 
           
			 | 
                     (6)  doctor, D.P.M.; | 
      
      
        | 
           
			 | 
                     (7)  doctor of podiatric medicine; or | 
      
      
        | 
           
			 | 
                     (8)  D.P.M. | 
      
      
        | 
           
			 | 
               SECTION 19.020.  Section 601.251, Occupations Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 601.251.  APPLICABILITY.  This subchapter applies to  | 
      
      
        | 
           
			 | 
        the: | 
      
      
        | 
           
			 | 
                     (1)  Texas Board of Nursing; | 
      
      
        | 
           
			 | 
                     (2)  Texas Board of Chiropractic Examiners; | 
      
      
        | 
           
			 | 
                     (3)  State Board of Dental Examiners; | 
      
      
        | 
           
			 | 
                     (4)  Texas Medical Board; | 
      
      
        | 
           
			 | 
                     (5)  Texas Department of Licensing and Regulation, with  | 
      
      
        | 
           
			 | 
        respect to the department's authority to regulate podiatrists  | 
      
      
        | 
           
			 | 
        [State Board of Podiatric Medical Examiners]; and | 
      
      
        | 
           
			 | 
                     (6)  Texas Physician Assistant Board. | 
      
      
        | 
           
			 | 
        ARTICLE 20.  NONSUBSTANTIVE REVISION OF CHAPTER 10, CODE OF  | 
      
      
        | 
           
			 | 
        CRIMINAL PROCEDURE: PROVISIONS RELATING TO REMOVAL OF HIGHWAY  | 
      
      
        | 
           
			 | 
        OBSTRUCTION THAT IS SUBJECT OF CRIMINAL PROSECUTION | 
      
      
        | 
           
			 | 
               SECTION 20.001.  Subtitle Z, Title 6, Transportation Code,  | 
      
      
        | 
           
			 | 
        is amended by adding Chapter 473 to read as follows: | 
      
      
        | 
           
			 | 
        CHAPTER 473.  REMOVAL OF HIGHWAY OBSTRUCTION THAT IS SUBJECT OF  | 
      
      
        | 
           
			 | 
        CRIMINAL PROSECUTION | 
      
      
        | 
           
			 | 
               Sec. 473.001.  ORDER TO REMOVE HIGHWAY OBSTRUCTION.  (a)   | 
      
      
        | 
           
			 | 
        After a criminal prosecution begins against a person for  | 
      
      
        | 
           
			 | 
        obstructing a highway, any person, in behalf of the public, may  | 
      
      
        | 
           
			 | 
        apply to the county judge of the county in which the highway is  | 
      
      
        | 
           
			 | 
        located for an order to remove the obstruction. | 
      
      
        | 
           
			 | 
               (b)  On hearing proof regarding an application to remove an  | 
      
      
        | 
           
			 | 
        obstruction, the county judge, either in term time or in vacation,  | 
      
      
        | 
           
			 | 
        may issue to the sheriff or other proper officer of the county a  | 
      
      
        | 
           
			 | 
        written order directing that officer to remove the obstruction.   | 
      
      
        | 
           
			 | 
        (Code Crim. Proc., Art. 10.01 (part).) | 
      
      
        | 
           
			 | 
               Sec. 473.002.  BOND REQUIRED.  (a)  Before an order may be  | 
      
      
        | 
           
			 | 
        issued under Section 473.001, the applicant for the order must give  | 
      
      
        | 
           
			 | 
        bond with security to indemnify the defendant, in case of the  | 
      
      
        | 
           
			 | 
        defendant's acquittal, for any loss sustained by the defendant. | 
      
      
        | 
           
			 | 
               (b)  The amount of the bond must be set by the county judge. | 
      
      
        | 
           
			 | 
               (c)  The bond must be approved by the county judge and shall  | 
      
      
        | 
           
			 | 
        be filed with the papers in the case.  (Code Crim. Proc., Art. 10.01  | 
      
      
        | 
           
			 | 
        (part).) | 
      
      
        | 
           
			 | 
               Sec. 473.003.  DEFENDANT'S RECOVERY OF BOND AMOUNT ON  | 
      
      
        | 
           
			 | 
        ACQUITTAL.  (a)  If the defendant is acquitted in the criminal case  | 
      
      
        | 
           
			 | 
        described by Section 473.001(a), the defendant may maintain a civil  | 
      
      
        | 
           
			 | 
        action against the applicant and the applicant's sureties on the  | 
      
      
        | 
           
			 | 
        bond. | 
      
      
        | 
           
			 | 
               (b)  The defendant may recover the full amount of the bond,  | 
      
      
        | 
           
			 | 
        or an amount of damages that is less than the amount of the bond, as  | 
      
      
        | 
           
			 | 
        may be assessed by a court or jury, if the defendant shows at trial  | 
      
      
        | 
           
			 | 
        that, at the time the defendant placed the obstruction, the  | 
      
      
        | 
           
			 | 
        obstruction was located on the defendant's own property or on  | 
      
      
        | 
           
			 | 
        property in the defendant's lawful possession and not on a public  | 
      
      
        | 
           
			 | 
        highway established by proper authority.  (Code Crim. Proc., Art.  | 
      
      
        | 
           
			 | 
        10.02.) | 
      
      
        | 
           
			 | 
               Sec. 473.004.  REMOVAL OF HIGHWAY OBSTRUCTION ON CONVICTION.   | 
      
      
        | 
           
			 | 
        On the conviction of a defendant for obstructing a public highway,  | 
      
      
        | 
           
			 | 
        if the obstruction still exists, the court shall order the sheriff  | 
      
      
        | 
           
			 | 
        or other proper officer to immediately remove the obstruction at  | 
      
      
        | 
           
			 | 
        the defendant's cost, to be imposed and collected as other costs in  | 
      
      
        | 
           
			 | 
        the case.  (Code Crim. Proc., Art. 10.03.) | 
      
      
        | 
           
			 | 
               SECTION 20.002.  Chapter 10, Code of Criminal Procedure, is  | 
      
      
        | 
           
			 | 
        repealed. | 
      
      
        | 
           
			 | 
        ARTICLE 21.  REDESIGNATIONS | 
      
      
        | 
           
			 | 
               SECTION 21.001.  The following provisions of enacted codes  | 
      
      
        | 
           
			 | 
        are redesignated to eliminate duplicate citations: | 
      
      
        | 
           
			 | 
                     (1)  Article 2.023, Code of Criminal Procedure, as  | 
      
      
        | 
           
			 | 
        added by Chapter 686 (H.B. 34), Acts of the 85th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2017, is redesignated as Article 2.024, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure. | 
      
      
        | 
           
			 | 
                     (2)  Subsection (d), Article 2.13, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, as added by Chapter 34 (S.B. 1576), Acts of the 85th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2017, is redesignated as Subsection  | 
      
      
        | 
           
			 | 
        (f), Article 2.13, Code of Criminal Procedure. | 
      
      
        | 
           
			 | 
                     (3)  Section 12, Article 42.01, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, as added by Chapter 443 (S.B. 500), Acts of the 85th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2017, is redesignated as Section 13,  | 
      
      
        | 
           
			 | 
        Article 42.01, Code of Criminal Procedure. | 
      
      
        | 
           
			 | 
                     (4)  Subsection (b), Article 42A.511, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, as added by Chapter 739 (S.B. 1232), Acts of the 85th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2017, is redesignated as Subsection  | 
      
      
        | 
           
			 | 
        (c), Article 42A.511, Code of Criminal Procedure. | 
      
      
        | 
           
			 | 
                     (5)  Subsection (f), Section 25.081, Education Code, as  | 
      
      
        | 
           
			 | 
        added by Chapter 1144 (H.B. 441), Acts of the 85th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2017, is redesignated as Subsection (g), Section  | 
      
      
        | 
           
			 | 
        25.081, Education Code. | 
      
      
        | 
           
			 | 
                     (6)  Subsection (b-1), Section 28.009, Education Code,  | 
      
      
        | 
           
			 | 
        as added by Chapter 729 (S.B. 1091), Acts of the 85th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2017, is redesignated as Subsection (b-3), Section  | 
      
      
        | 
           
			 | 
        28.009, Education Code. | 
      
      
        | 
           
			 | 
                     (7)  Subsection (a-2), Section 42.006, Education Code,  | 
      
      
        | 
           
			 | 
        as added by Chapter 916 (S.B. 1404), Acts of the 85th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2017, is redesignated as Subsection (a-5), Section  | 
      
      
        | 
           
			 | 
        42.006, Education Code. | 
      
      
        | 
           
			 | 
                     (8)  Section 130.0828, Education Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 181 (S.B. 286), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 130.08285, Education  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (9)  Subchapter L, Chapter 130, Education Code, as  | 
      
      
        | 
           
			 | 
        added by Chapter 510 (H.B. 2994), Acts of the 85th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2017, is redesignated as Subchapter M, Chapter  | 
      
      
        | 
           
			 | 
        130, Education Code, and Sections 130.301, 130.302, 130.303,  | 
      
      
        | 
           
			 | 
        130.304, and 130.305, Education Code, as added by that Act, are  | 
      
      
        | 
           
			 | 
        redesignated as Sections 130.351, 130.352, 130.353, 130.354, and  | 
      
      
        | 
           
			 | 
        130.355, Education Code, respectively. | 
      
      
        | 
           
			 | 
                     (10)  Section 63.0013, Election Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 980 (H.B. 658), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 63.0015, Election Code. | 
      
      
        | 
           
			 | 
                     (11)  Section 276.011, Election Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 828 (H.B. 1735), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 276.012, Election Code. | 
      
      
        | 
           
			 | 
                     (12)  Section 261.004, Family Code, as added by Chapter  | 
      
      
        | 
           
			 | 
        316 (H.B. 5), Acts of the 85th Legislature, Regular Session, 2017,  | 
      
      
        | 
           
			 | 
        is redesignated as Section 261.005, Family Code. | 
      
      
        | 
           
			 | 
                     (13)  Subsection (j), Section 261.301, Family Code, as  | 
      
      
        | 
           
			 | 
        added by Chapter 356 (H.B. 2124), Acts of the 85th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2017, is redesignated as Subsection (k), Section  | 
      
      
        | 
           
			 | 
        261.301, Family Code. | 
      
      
        | 
           
			 | 
                     (14)  Section 261.3017, Family Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 523 (S.B. 190), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 261.3018, Family Code. | 
      
      
        | 
           
			 | 
                     (15)  Section 262.013, Family Code, as added by Chapter  | 
      
      
        | 
           
			 | 
        910 (S.B. 999), Acts of the 85th Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2017, is redesignated as Section 262.015, Family Code. | 
      
      
        | 
           
			 | 
                     (16)  Section 264.1211, Family Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 333 (H.B. 928), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 264.1212, Family Code. | 
      
      
        | 
           
			 | 
                     (17)  Section 264.1211, Family Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 1076 (H.B. 3338), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 264.1213, Family Code. | 
      
      
        | 
           
			 | 
                     (18)  Section 264.2042, Family Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 319 (S.B. 11), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 264.2044, Family Code. | 
      
      
        | 
           
			 | 
                     (19)  Chapter 280, Finance Code, as added by Chapter  | 
      
      
        | 
           
			 | 
        376 (H.B. 3921), Acts of the 85th Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2017, is redesignated as Chapter 281, Finance Code, and Sections  | 
      
      
        | 
           
			 | 
        280.001, 280.002, 280.003, 280.004, 280.005, and 280.006, Finance  | 
      
      
        | 
           
			 | 
        Code, as added by that Act, are redesignated as Sections 281.001,  | 
      
      
        | 
           
			 | 
        281.002, 281.003, 281.004, 281.005, and 281.006, Finance Code,  | 
      
      
        | 
           
			 | 
        respectively. | 
      
      
        | 
           
			 | 
                     (20)  Subsection (k), Section 53.001, Government Code,  | 
      
      
        | 
           
			 | 
        as added by Chapter 972 (S.B. 2174), Acts of the 85th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2017, is redesignated as Subsection (m), Section  | 
      
      
        | 
           
			 | 
        53.001, Government Code. | 
      
      
        | 
           
			 | 
                     (21)  Subchapter D, Chapter 155, Government Code, as  | 
      
      
        | 
           
			 | 
        added by Chapter 715 (S.B. 36), Acts of the 85th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2017, is redesignated as Subchapter F, Chapter  | 
      
      
        | 
           
			 | 
        155, Government Code, and Sections 155.151, 155.152, 155.153, and  | 
      
      
        | 
           
			 | 
        155.154, Government Code, as added by that Act, are redesignated as  | 
      
      
        | 
           
			 | 
        Sections 155.251, 155.252, 155.253, and 155.254, Government Code,  | 
      
      
        | 
           
			 | 
        respectively. | 
      
      
        | 
           
			 | 
                     (22)  Section 434.024, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 387 (S.B. 588), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 434.025, Government Code. | 
      
      
        | 
           
			 | 
                     (23)  Section 442.019, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 838 (H.B. 2079), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 442.0195, Government  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (24)  Section 531.0999, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 561 (S.B. 578), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 531.0925, Government  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (25)  Section 531.0999, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 770 (H.B. 13), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 531.0991, Government  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (26)  Section 662.065, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 1139 (H.B. 297), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 662.067, Government Code. | 
      
      
        | 
           
			 | 
                     (27)  Section 662.065, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 692 (H.B. 208), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 662.068, Government Code. | 
      
      
        | 
           
			 | 
                     (28)  Section 662.065, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 1133 (H.B. 210), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 662.069, Government Code. | 
      
      
        | 
           
			 | 
                     (29)  Section 662.065, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 1002 (H.B. 1254), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 662.070, Government Code. | 
      
      
        | 
           
			 | 
                     (30)  Section 772.0073, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 188 (S.B. 12), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 772.0075, Government  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (31)  Section 772.0073, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 4 (S.B. 4), Acts of the 85th Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2017, is redesignated as Section 772.0076, Government Code. | 
      
      
        | 
           
			 | 
                     (32)  Section 810.002, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 443 (S.B. 500), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 810.003, Government Code. | 
      
      
        | 
           
			 | 
                     (33)  Subchapter F, Chapter 2252, Government Code, as  | 
      
      
        | 
           
			 | 
        added by Chapter 597 (S.B. 1289), Acts of the 85th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2017, is redesignated as Subchapter G, Chapter  | 
      
      
        | 
           
			 | 
        2252, Government Code. | 
      
      
        | 
           
			 | 
                     (34)  Section 2256.0206, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 344 (H.B. 1472), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 2256.0207, Government  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (35)  Chapter 2270, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 1 (H.B. 89), Acts of the 85th Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2017, is redesignated as Chapter 2271, Government Code, and  | 
      
      
        | 
           
			 | 
        Sections 2270.001 and 2270.002, Government Code, as added by that  | 
      
      
        | 
           
			 | 
        Act, are redesignated as Sections 2271.001 and 2271.002, Government  | 
      
      
        | 
           
			 | 
        Code, respectively. | 
      
      
        | 
           
			 | 
                     (36)  Section 191.009, Health and Safety Code, as added  | 
      
      
        | 
           
			 | 
        by Chapter 737 (S.B. 1205), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 191.010, Health and  | 
      
      
        | 
           
			 | 
        Safety Code. | 
      
      
        | 
           
			 | 
                     (37)  Subsection (a-1), Section 364.011, Health and  | 
      
      
        | 
           
			 | 
        Safety Code, as added by Chapter 70 (S.B. 1229), Acts of the 85th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2017, is redesignated as Subsection  | 
      
      
        | 
           
			 | 
        (a-2), Section 364.011, Health and Safety Code. | 
      
      
        | 
           
			 | 
                     (38)  Subsection (n), Section 1701.253, Occupations  | 
      
      
        | 
           
			 | 
        Code, as added by Chapter 513 (S.B. 30), Acts of the 85th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2017, is redesignated as Subsection  | 
      
      
        | 
           
			 | 
        (o), Section 1701.253, Occupations Code. | 
      
      
        | 
           
			 | 
                     (39)  Subsection (b-2), Section 22.01, Penal Code, as  | 
      
      
        | 
           
			 | 
        added by Chapter 34 (S.B. 1576), Acts of the 85th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2017, is redesignated as Subsection (b-3), Section  | 
      
      
        | 
           
			 | 
        22.01, Penal Code. | 
      
      
        | 
           
			 | 
                     (40)  Subdivision (18), Section 46.01, Penal Code, as  | 
      
      
        | 
           
			 | 
        added by Chapter 814 (H.B. 913), Acts of the 85th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2017, is redesignated as Subdivision (19), Section  | 
      
      
        | 
           
			 | 
        46.01, Penal Code. | 
      
      
        | 
           
			 | 
                     (41)  Section 48.03, Penal Code, as added by Chapter  | 
      
      
        | 
           
			 | 
        697 (H.B. 810), Acts of the 85th Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2017, is redesignated as Section 48.04, Penal Code. | 
      
      
        | 
           
			 | 
                     (42)  Chapter 7998, Special District Local Laws Code,  | 
      
      
        | 
           
			 | 
        as added by Chapter 621 (H.B. 4275), Acts of the 85th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2017, is redesignated as Chapter 8000, Special  | 
      
      
        | 
           
			 | 
        District Local Laws Code, and Sections 7998.001, 7998.002,  | 
      
      
        | 
           
			 | 
        7998.003, 7998.004, 7998.005, 7998.006, 7998.051, 7998.052,  | 
      
      
        | 
           
			 | 
        7998.101, 7998.102, 7998.103, 7998.104, 7998.105, 7998.106,  | 
      
      
        | 
           
			 | 
        7998.151, 7998.152, 7998.153, 7998.201, 7998.202, and 7998.203,  | 
      
      
        | 
           
			 | 
        Special District Local Laws Code, as added by that Act, are  | 
      
      
        | 
           
			 | 
        redesignated as Sections 8000.001, 8000.002, 8000.003, 8000.004,  | 
      
      
        | 
           
			 | 
        8000.005, 8000.006, 8000.051, 8000.052, 8000.101, 8000.102,  | 
      
      
        | 
           
			 | 
        8000.103, 8000.104, 8000.105, 8000.106, 8000.151, 8000.152,  | 
      
      
        | 
           
			 | 
        8000.153, 8000.201, 8000.202, and 8000.203, Special District Local  | 
      
      
        | 
           
			 | 
        Laws Code, respectively. | 
      
      
        | 
           
			 | 
                     (43)  Section 23.524, Tax Code, as added by Chapter 365  | 
      
      
        | 
           
			 | 
        (H.B. 3198), Acts of the 85th Legislature, Regular Session, 2017,  | 
      
      
        | 
           
			 | 
        is redesignated as Section 23.525, Tax Code. | 
      
      
        | 
           
			 | 
                     (44)  Section 22.091, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 723 (S.B. 1024), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 22.092, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (45)  Section 223.051, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 1155 (S.B. 82), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 223.052, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (46)  Section 225.123, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 54 (H.B. 409), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 225.134, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (47)  Section 225.123, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 85 (H.B. 947), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 225.135, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (48)  Section 225.123, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 114 (H.B. 216), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 225.136, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (49)  Section 225.123, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 176 (H.B. 3536), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 225.137, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (50)  Section 225.123, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 209 (H.B. 1221), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 225.138, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (51)  Section 225.123, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 367 (H.B. 3283), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 225.139, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (52)  Section 225.123, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 375 (H.B. 3917), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 225.140, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (53)  Section 225.123, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 732 (S.B. 1099), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 225.141, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (54)  Section 225.123, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 998 (H.B. 1162), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 225.142, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (55)  Section 225.123, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 55 (H.B. 1483), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 225.143, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (56)  Section 225.123, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 247 (H.B. 938), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 225.144, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (57)  Section 225.123, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 255 (H.B. 1303), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 225.145, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (58)  Section 225.123, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 309 (S.B. 867), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 225.146, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (59)  Section 225.123, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 492 (H.B. 2675), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 225.147, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (60)  Section 225.123, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 936 (S.B. 1732), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 225.148, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (61)  Section 225.123, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Section 2, Chapter 1008 (H.B. 1317), Acts of the 85th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2017, is redesignated as Section 225.149,  | 
      
      
        | 
           
			 | 
        Transportation Code. | 
      
      
        | 
           
			 | 
                     (62)  Section 225.123, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Section 3, Chapter 1008 (H.B. 1317), Acts of the 85th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2017, is redesignated as Section 225.150,  | 
      
      
        | 
           
			 | 
        Transportation Code. | 
      
      
        | 
           
			 | 
                     (63)  Section 225.125, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 711 (H.B. 3964), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 225.151, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (64)  Section 504.323, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 274 (H.B. 2115), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 504.324, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (65)  Section 504.668, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 116 (H.B. 263), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 504.669, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (66)  Section 504.668, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 1003 (H.B. 1256), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 504.670, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (67)  Section 521.0062, Transportation Code, as added  | 
      
      
        | 
           
			 | 
        by Chapter 1078 (H.B. 3359), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is redesignated as Section 521.0063, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (68)  Subchapter U, Chapter 623, Transportation Code,  | 
      
      
        | 
           
			 | 
        as added by Chapter 750 (S.B. 1383), Acts of the 85th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2017, is redesignated as Subchapter V, Chapter  | 
      
      
        | 
           
			 | 
        623, Transportation Code, and Sections 623.401, 623.402, 623.403,  | 
      
      
        | 
           
			 | 
        623.404, 623.405, 623.406, and 623.407, Transportation Code, as  | 
      
      
        | 
           
			 | 
        added by that Act, are redesignated as Sections 623.421, 623.422,  | 
      
      
        | 
           
			 | 
        623.423, 623.424, 623.425, 623.426, and 623.427, Transportation  | 
      
      
        | 
           
			 | 
        Code, respectively. | 
      
      
        | 
           
			 | 
                     (69)  Section 13.148, Water Code, as added by Chapter  | 
      
      
        | 
           
			 | 
        305 (H.B. 1461), Acts of the 83rd Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2013, is redesignated as Section 13.149, Water Code. | 
      
      
        | 
           
			 | 
               SECTION 21.002.  The following changes are made to conform  | 
      
      
        | 
           
			 | 
        the provisions amended to the redesignating changes made by Section  | 
      
      
        | 
           
			 | 
        21.001 of this Act and to correct cross-references: | 
      
      
        | 
           
			 | 
                     (1)  Article 42.0196, Code of Criminal Procedure, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Art. 42.0196.  FINDING REGARDING OFFENSE RELATED TO  | 
      
      
        | 
           
			 | 
        PERFORMANCE OF PUBLIC SERVICE.  (a)  In the trial of an offense  | 
      
      
        | 
           
			 | 
        described by Section 810.003 [810.002], Government Code, the judge  | 
      
      
        | 
           
			 | 
        shall make an affirmative finding of fact and enter the affirmative  | 
      
      
        | 
           
			 | 
        finding in the judgment in the case if the judge determines that the  | 
      
      
        | 
           
			 | 
        defendant is: | 
      
      
        | 
           
			 | 
                     (1)  a member of the elected class described by Section  | 
      
      
        | 
           
			 | 
        810.003(b)(1) [810.002(b)(1)], Government Code, while a member of  | 
      
      
        | 
           
			 | 
        the Employees Retirement System of Texas; or | 
      
      
        | 
           
			 | 
                     (2)  a holder of an elected office for which the  | 
      
      
        | 
           
			 | 
        defendant wholly or partly became eligible for membership in a  | 
      
      
        | 
           
			 | 
        public retirement system. | 
      
      
        | 
           
			 | 
               (b)  A judge who makes the affirmative finding described by  | 
      
      
        | 
           
			 | 
        this article shall make the determination and provide the notice  | 
      
      
        | 
           
			 | 
        required by Section 810.003(k) [810.002(k)], Government Code. | 
      
      
        | 
           
			 | 
                     (2)  Section 130.352, Education Code, as redesignated  | 
      
      
        | 
           
			 | 
        from Section 130.302, Education Code, by Section 21.001 of this  | 
      
      
        | 
           
			 | 
        Act, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 130.352 [130.302].  FORMULA FUNDING FOR WORKFORCE  | 
      
      
        | 
           
			 | 
        CONTINUING EDUCATION COURSES.  Notwithstanding Section 130.003 or  | 
      
      
        | 
           
			 | 
        any other law, contact hours attributable to the enrollment of a  | 
      
      
        | 
           
			 | 
        student in a workforce continuing education course offered by a  | 
      
      
        | 
           
			 | 
        public junior college shall be included in the contact hours used to  | 
      
      
        | 
           
			 | 
        determine the college's proportionate share of state money  | 
      
      
        | 
           
			 | 
        appropriated and distributed to public junior colleges under  | 
      
      
        | 
           
			 | 
        Sections 130.003 and 130.0031, regardless of whether the college  | 
      
      
        | 
           
			 | 
        waives all or part of the tuition or fees for the course under  | 
      
      
        | 
           
			 | 
        Section 130.354 [130.304]. | 
      
      
        | 
           
			 | 
                     (3)  Section 130.354, Education Code, as redesignated  | 
      
      
        | 
           
			 | 
        from Section 130.304, Education Code, by Section 21.001 of this  | 
      
      
        | 
           
			 | 
        Act, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 130.354 [130.304].  WAIVER OF TUITION AND FEES FOR  | 
      
      
        | 
           
			 | 
        WORKFORCE CONTINUING EDUCATION COURSES.  A public junior college  | 
      
      
        | 
           
			 | 
        may waive all or part of the tuition or fees charged to a student for  | 
      
      
        | 
           
			 | 
        a workforce continuing education course only if: | 
      
      
        | 
           
			 | 
                     (1)  the student: | 
      
      
        | 
           
			 | 
                           (A)  is enrolled in high school or in a school  | 
      
      
        | 
           
			 | 
        described by Section 130.353(a)(2) [130.303(a)(2)]; | 
      
      
        | 
           
			 | 
                           (B)  is 16 years of age or older, has had the  | 
      
      
        | 
           
			 | 
        disabilities of minority removed, and is not enrolled in secondary  | 
      
      
        | 
           
			 | 
        education; or | 
      
      
        | 
           
			 | 
                           (C)  is under the age of 18 and is incarcerated; | 
      
      
        | 
           
			 | 
                     (2)  all or a significant portion of the college's costs  | 
      
      
        | 
           
			 | 
        for facilities, instructor salaries, equipment, and other expenses  | 
      
      
        | 
           
			 | 
        for the course are covered by business, industry, or other local  | 
      
      
        | 
           
			 | 
        public or private entities; or | 
      
      
        | 
           
			 | 
                     (3)  the course is taught in a federal correctional  | 
      
      
        | 
           
			 | 
        facility and the facilities, equipment, supplies, and other  | 
      
      
        | 
           
			 | 
        expenses for the course are funded by the federal government. | 
      
      
        | 
           
			 | 
                     (4)  Subsection (d), Section 63.0015, Election Code, as  | 
      
      
        | 
           
			 | 
        redesignated from Subsection (d), Section 63.0013, Election Code,  | 
      
      
        | 
           
			 | 
        by Section 21.001 of this Act, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (d)  The notice required by Subsection (c) must read:  | 
      
      
        | 
           
			 | 
        "Pursuant to Section 63.0015 [63.0013], Election Code, an election  | 
      
      
        | 
           
			 | 
        officer may give voting order priority to individuals with a  | 
      
      
        | 
           
			 | 
        mobility problem that substantially impairs the person's ability to  | 
      
      
        | 
           
			 | 
        move around.  A person assisting an individual with a mobility  | 
      
      
        | 
           
			 | 
        problem may also, at the individual's request, be given voting  | 
      
      
        | 
           
			 | 
        order priority.  Disabilities and conditions that may qualify you  | 
      
      
        | 
           
			 | 
        for voting order priority include paralysis, lung disease, the use  | 
      
      
        | 
           
			 | 
        of portable oxygen, cardiac deficiency, severe limitation in the  | 
      
      
        | 
           
			 | 
        ability to walk due to arthritic, neurological, or orthopedic  | 
      
      
        | 
           
			 | 
        condition, wheelchair confinement, arthritis, foot disorder, the  | 
      
      
        | 
           
			 | 
        inability to walk 200 feet without stopping to rest, or use of a  | 
      
      
        | 
           
			 | 
        brace, cane, crutch, or other assistive device." | 
      
      
        | 
           
			 | 
                     (5)  Section 1104.359(a), Estates Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (a)  A guardianship program may not be appointed guardian: | 
      
      
        | 
           
			 | 
                     (1)  if the program is not registered as required under  | 
      
      
        | 
           
			 | 
        Subchapter F [D], Chapter 155, Government Code; | 
      
      
        | 
           
			 | 
                     (2)  if a registration certificate issued to the  | 
      
      
        | 
           
			 | 
        program under Subchapter F [D], Chapter 155, Government Code, is  | 
      
      
        | 
           
			 | 
        expired or refused renewal, or has been revoked and not been  | 
      
      
        | 
           
			 | 
        reissued; or | 
      
      
        | 
           
			 | 
                     (3)  during the time a registration certificate issued  | 
      
      
        | 
           
			 | 
        to the program under Subchapter F [D], Chapter 155, Government  | 
      
      
        | 
           
			 | 
        Code, is suspended. | 
      
      
        | 
           
			 | 
                     (6)  Section 281.003, Finance Code, as redesignated  | 
      
      
        | 
           
			 | 
        from Section 280.003, Finance Code, by Section 21.001 of this Act,  | 
      
      
        | 
           
			 | 
        is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 281.003 [280.003].  NOTIFYING THIRD PARTIES OF  | 
      
      
        | 
           
			 | 
        SUSPECTED FINANCIAL EXPLOITATION OF VULNERABLE ADULTS.  If a  | 
      
      
        | 
           
			 | 
        financial institution submits a report of suspected financial  | 
      
      
        | 
           
			 | 
        exploitation of a vulnerable adult to the department under Section  | 
      
      
        | 
           
			 | 
        281.002(b) [280.002(b)], the financial institution may at the time  | 
      
      
        | 
           
			 | 
        the financial institution submits the report also notify a third  | 
      
      
        | 
           
			 | 
        party reasonably associated with the vulnerable adult of the  | 
      
      
        | 
           
			 | 
        suspected financial exploitation, unless the financial institution  | 
      
      
        | 
           
			 | 
        suspects the third party of financial exploitation of the  | 
      
      
        | 
           
			 | 
        vulnerable adult. | 
      
      
        | 
           
			 | 
                     (7)  Subsections (a) and (b), Section 281.004, Finance  | 
      
      
        | 
           
			 | 
        Code, as redesignated from Subsections (a) and (b), Section  | 
      
      
        | 
           
			 | 
        280.004, Finance Code, by Section 21.001 of this Act, are amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (a)  Notwithstanding any other law, if a financial  | 
      
      
        | 
           
			 | 
        institution submits a report of suspected financial exploitation of  | 
      
      
        | 
           
			 | 
        a vulnerable adult to the department under Section 281.002(b)  | 
      
      
        | 
           
			 | 
        [280.002(b)], the financial institution: | 
      
      
        | 
           
			 | 
                     (1)  may place a hold on any transaction that: | 
      
      
        | 
           
			 | 
                           (A)  involves an account of the vulnerable adult;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                           (B)  the financial institution has cause to  | 
      
      
        | 
           
			 | 
        believe is related to the suspected financial exploitation; and | 
      
      
        | 
           
			 | 
                     (2)  must place a hold on any transaction involving an  | 
      
      
        | 
           
			 | 
        account of the vulnerable adult if the hold is requested by the  | 
      
      
        | 
           
			 | 
        department or a law enforcement agency. | 
      
      
        | 
           
			 | 
               (b)  Subject to Subsection (c), a hold placed on any  | 
      
      
        | 
           
			 | 
        transaction under Subsection (a) expires on the 10th business day  | 
      
      
        | 
           
			 | 
        after the date the financial institution submits the report under  | 
      
      
        | 
           
			 | 
        Section 281.002(b) [280.002(b)]. | 
      
      
        | 
           
			 | 
                     (8)  Section 281.005, Finance Code, as redesignated  | 
      
      
        | 
           
			 | 
        from Section 280.005, Finance Code, by Section 21.001 of this Act,  | 
      
      
        | 
           
			 | 
        is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 281.005 [280.005].  IMMUNITY.  (a)  An employee of a  | 
      
      
        | 
           
			 | 
        financial institution who makes a notification under Section  | 
      
      
        | 
           
			 | 
        281.002(a) [280.002(a)], a financial institution that submits a  | 
      
      
        | 
           
			 | 
        report under Section 281.002(b) [280.002(b)] or makes a  | 
      
      
        | 
           
			 | 
        notification to a third party under Section 281.003 [280.003], or  | 
      
      
        | 
           
			 | 
        an employee who or financial institution that testifies or  | 
      
      
        | 
           
			 | 
        otherwise participates in a judicial proceeding arising from a  | 
      
      
        | 
           
			 | 
        notification or report is immune from any civil or criminal  | 
      
      
        | 
           
			 | 
        liability arising from the notification, report, testimony, or  | 
      
      
        | 
           
			 | 
        participation in the judicial proceeding, unless the employee or  | 
      
      
        | 
           
			 | 
        financial institution acted in bad faith or with a malicious  | 
      
      
        | 
           
			 | 
        purpose. | 
      
      
        | 
           
			 | 
               (b)  A financial institution that in good faith and with the  | 
      
      
        | 
           
			 | 
        exercise of reasonable care places or does not place a hold on any  | 
      
      
        | 
           
			 | 
        transaction under Section 281.004(a)(1) [280.004(a)(1)] is immune  | 
      
      
        | 
           
			 | 
        from any civil or criminal liability or disciplinary action  | 
      
      
        | 
           
			 | 
        resulting from that action or failure to act. | 
      
      
        | 
           
			 | 
                     (9)  Section 53.0071, Government Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 53.0071.  BAILIFF AS PEACE OFFICER.  Unless the  | 
      
      
        | 
           
			 | 
        appointing judge provides otherwise in the order of appointment, a  | 
      
      
        | 
           
			 | 
        bailiff appointed under Section 53.001(b), (g), [or] (k), or (m) or  | 
      
      
        | 
           
			 | 
        53.002(c), (e), or (f) is a "peace officer" for purposes of Article  | 
      
      
        | 
           
			 | 
        2.12, Code of Criminal Procedure. | 
      
      
        | 
           
			 | 
                     (10)  Subsection (b), Section 155.253, Government  | 
      
      
        | 
           
			 | 
        Code, as redesignated from Subsection (b), Section 155.153,  | 
      
      
        | 
           
			 | 
        Government Code, by Section 21.001 of this Act, is amended to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               (b)  The supreme court shall adopt rules and procedures for  | 
      
      
        | 
           
			 | 
        issuing, renewing, suspending, or revoking a registration  | 
      
      
        | 
           
			 | 
        certificate under this section.  Rules adopted by the supreme court  | 
      
      
        | 
           
			 | 
        under this section must: | 
      
      
        | 
           
			 | 
                     (1)  ensure compliance with the standards adopted under  | 
      
      
        | 
           
			 | 
        Section 155.252 [155.152]; | 
      
      
        | 
           
			 | 
                     (2)  provide that the commission establish  | 
      
      
        | 
           
			 | 
        qualifications for obtaining and maintaining a registration  | 
      
      
        | 
           
			 | 
        certificate; | 
      
      
        | 
           
			 | 
                     (3)  provide that a registration certificate expires on  | 
      
      
        | 
           
			 | 
        the second anniversary of the date the certificate is issued; | 
      
      
        | 
           
			 | 
                     (4)  prescribe procedures for accepting complaints and  | 
      
      
        | 
           
			 | 
        conducting investigations of alleged violations by guardianship  | 
      
      
        | 
           
			 | 
        programs of the standards adopted under Section 155.252 [155.152]  | 
      
      
        | 
           
			 | 
        or other violations of this chapter or other applicable state law; | 
      
      
        | 
           
			 | 
                     (5)  prescribe procedures by which the commission,  | 
      
      
        | 
           
			 | 
        after notice and hearing, may suspend or revoke the registration  | 
      
      
        | 
           
			 | 
        certificate of a guardianship program that does not substantially  | 
      
      
        | 
           
			 | 
        comply with the standards adopted under Section 155.252 [155.152]  | 
      
      
        | 
           
			 | 
        or other provisions of this chapter or other applicable state law;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (6)  prescribe procedures for addressing a  | 
      
      
        | 
           
			 | 
        guardianship for which a guardianship program is the appointed  | 
      
      
        | 
           
			 | 
        guardian if the guardianship program's registration certificate is  | 
      
      
        | 
           
			 | 
        expired or refused renewal, or has been revoked and not been  | 
      
      
        | 
           
			 | 
        reissued. | 
      
      
        | 
           
			 | 
                     (11)  Subsection (a), Section 364.034, Health and  | 
      
      
        | 
           
			 | 
        Safety Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  A public agency or a county may: | 
      
      
        | 
           
			 | 
                     (1)  offer solid waste disposal service to persons in  | 
      
      
        | 
           
			 | 
        its territory, including, in the case of a county described by  | 
      
      
        | 
           
			 | 
        Section 364.011(a-2)(2) [364.011(a-1)(2)], an area of the county  | 
      
      
        | 
           
			 | 
        located within the extraterritorial jurisdiction of a municipality  | 
      
      
        | 
           
			 | 
        if the municipality does not provide solid waste disposal services  | 
      
      
        | 
           
			 | 
        in that area; | 
      
      
        | 
           
			 | 
                     (2)  require the use of the service by those persons,  | 
      
      
        | 
           
			 | 
        except as provided by Subsection (a-1); | 
      
      
        | 
           
			 | 
                     (3)  charge fees for the service; and | 
      
      
        | 
           
			 | 
                     (4)  establish the service as a utility separate from  | 
      
      
        | 
           
			 | 
        other utilities in its territory. | 
      
      
        | 
           
			 | 
                     (12)  Section 364.0345, Health and Safety Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 364.0345.  PENALTIES FOR FAILURE TO USE REQUIRED  | 
      
      
        | 
           
			 | 
        SERVICE IN CERTAIN AREAS.  The commissioners court of a county  | 
      
      
        | 
           
			 | 
        described by Section 364.011(a-2)(2) [364.011(a-1)(2)] that  | 
      
      
        | 
           
			 | 
        requires the use of a county solid waste disposal service under  | 
      
      
        | 
           
			 | 
        Section 364.034 in the extraterritorial jurisdiction of a  | 
      
      
        | 
           
			 | 
        municipality may adopt orders to enforce the requirement, including  | 
      
      
        | 
           
			 | 
        an order establishing a civil or administrative penalty in an  | 
      
      
        | 
           
			 | 
        amount reasonable and necessary to ensure compliance with the  | 
      
      
        | 
           
			 | 
        requirement. | 
      
      
        | 
           
			 | 
                     (13)  Subsection (b), Section 1003.056, Health and  | 
      
      
        | 
           
			 | 
        Safety Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  This subchapter does not affect or authorize a person to  | 
      
      
        | 
           
			 | 
        violate any law regulating the possession, use, or transfer of  | 
      
      
        | 
           
			 | 
        fetal tissue, fetal stem cells, adult stem cells, or human organs,  | 
      
      
        | 
           
			 | 
        including Sections 48.02 and 48.04 [48.03], Penal Code. | 
      
      
        | 
           
			 | 
                     (14)  Subsection (f), Section 22.01, Penal Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (f)  For the purposes of Subsections (b)(2)(A) and (b-3)(2)  | 
      
      
        | 
           
			 | 
        [(b-2)(2)]: | 
      
      
        | 
           
			 | 
                     (1)  a defendant has been previously convicted of an  | 
      
      
        | 
           
			 | 
        offense listed in those subsections committed against a person  | 
      
      
        | 
           
			 | 
        whose relationship to or association with the defendant is  | 
      
      
        | 
           
			 | 
        described by Section 71.0021(b), 71.003, or 71.005, Family Code, if  | 
      
      
        | 
           
			 | 
        the defendant was adjudged guilty of the offense or entered a plea  | 
      
      
        | 
           
			 | 
        of guilty or nolo contendere in return for a grant of deferred  | 
      
      
        | 
           
			 | 
        adjudication, regardless of whether the sentence for the offense  | 
      
      
        | 
           
			 | 
        was ever imposed or whether the sentence was probated and the  | 
      
      
        | 
           
			 | 
        defendant was subsequently discharged from community supervision;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (2)  a conviction under the laws of another state for an  | 
      
      
        | 
           
			 | 
        offense containing elements that are substantially similar to the  | 
      
      
        | 
           
			 | 
        elements of an offense listed in those subsections is a conviction  | 
      
      
        | 
           
			 | 
        of the offense listed. | 
      
      
        | 
           
			 | 
                     (15)  Section 8000.004, Special District Local Laws  | 
      
      
        | 
           
			 | 
        Code, as redesignated from Section 7998.004, Special District Local  | 
      
      
        | 
           
			 | 
        Laws Code, by Section 21.001 of this Act, is amended to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               Sec. 8000.004 [7998.004].  CONSENT OF MUNICIPALITY  | 
      
      
        | 
           
			 | 
        REQUIRED.  The temporary directors may not hold an election under  | 
      
      
        | 
           
			 | 
        Section 8000.003 [7998.003] until each municipality in whose  | 
      
      
        | 
           
			 | 
        corporate limits or extraterritorial jurisdiction the district is  | 
      
      
        | 
           
			 | 
        located has consented by ordinance or resolution to the creation of  | 
      
      
        | 
           
			 | 
        the district and to the inclusion of land in the district. | 
      
      
        | 
           
			 | 
                     (16)  Subsection (b), Section 8000.051, Special  | 
      
      
        | 
           
			 | 
        District Local Laws Code, as redesignated from Subsection (b),  | 
      
      
        | 
           
			 | 
        Section 7998.051, Special District Local Laws Code, by Section  | 
      
      
        | 
           
			 | 
        21.001 of this Act, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Except as provided by Section 8000.052 [7998.052],  | 
      
      
        | 
           
			 | 
        directors serve staggered four-year terms. | 
      
      
        | 
           
			 | 
                     (17)  Subsections (b) and (c), Section 8000.052,  | 
      
      
        | 
           
			 | 
        Special District Local Laws Code, as redesignated from Subsections  | 
      
      
        | 
           
			 | 
        (b) and (c), Section 7998.052, Special District Local Laws Code, by  | 
      
      
        | 
           
			 | 
        Section 21.001 of this Act, are amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Temporary directors serve until the earlier of: | 
      
      
        | 
           
			 | 
                     (1)  the date permanent directors are elected under  | 
      
      
        | 
           
			 | 
        Section 8000.003 [7998.003]; or | 
      
      
        | 
           
			 | 
                     (2)  the fourth anniversary of the effective date of  | 
      
      
        | 
           
			 | 
        the Act enacting this chapter. | 
      
      
        | 
           
			 | 
               (c)  If permanent directors have not been elected under  | 
      
      
        | 
           
			 | 
        Section 8000.003 [7998.003] and the terms of the temporary  | 
      
      
        | 
           
			 | 
        directors have expired, successor temporary directors shall be  | 
      
      
        | 
           
			 | 
        appointed or reappointed as provided by Subsection (d) to serve  | 
      
      
        | 
           
			 | 
        terms that expire on the earlier of: | 
      
      
        | 
           
			 | 
                     (1)  the date permanent directors are elected under  | 
      
      
        | 
           
			 | 
        Section 8000.003 [7998.003]; or | 
      
      
        | 
           
			 | 
                     (2)  the fourth anniversary of the date of the  | 
      
      
        | 
           
			 | 
        appointment or reappointment. | 
      
      
        | 
           
			 | 
                     (18)  Subsections (e) and (h), Section 8000.106,  | 
      
      
        | 
           
			 | 
        Special District Local Laws Code, as redesignated from Subsections  | 
      
      
        | 
           
			 | 
        (e) and (h), Section 7998.106, Special District Local Laws Code, by  | 
      
      
        | 
           
			 | 
        Section 21.001 of this Act, are amended to read as follows: | 
      
      
        | 
           
			 | 
               (e)  The board may adopt an order dividing the district  | 
      
      
        | 
           
			 | 
        before or after the date the board holds an election under Section  | 
      
      
        | 
           
			 | 
        8000.003 [7998.003] to confirm the district's creation. | 
      
      
        | 
           
			 | 
               (h)  A new district created by the division of the district  | 
      
      
        | 
           
			 | 
        shall hold a confirmation and directors' election as required by  | 
      
      
        | 
           
			 | 
        Section 8000.003 [7998.003]. | 
      
      
        | 
           
			 | 
                     (19)  Subsection (a), Section 8000.152, Special  | 
      
      
        | 
           
			 | 
        District Local Laws Code, as redesignated from Subsection (a),  | 
      
      
        | 
           
			 | 
        Section 7998.152, Special District Local Laws Code, by Section  | 
      
      
        | 
           
			 | 
        21.001 of this Act, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  If authorized at an election held under Section 8000.151  | 
      
      
        | 
           
			 | 
        [7998.151], the district may impose an operation and maintenance  | 
      
      
        | 
           
			 | 
        tax on taxable property in the district in accordance with Section  | 
      
      
        | 
           
			 | 
        49.107, Water Code. | 
      
      
        | 
           
			 | 
                     (20)  Subsection (a-1), Section 621.508,  | 
      
      
        | 
           
			 | 
        Transportation Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (a-1)  The affirmative defense provided by Subsection (a)  | 
      
      
        | 
           
			 | 
        does not apply to the excess weights authorized under Section  | 
      
      
        | 
           
			 | 
        623.421(b) [623.401(b)]. | 
      
      
        | 
           
			 | 
                     (21)  Subsection (b), Section 623.003, Transportation  | 
      
      
        | 
           
			 | 
        Code, as amended by Chapters 108 (S.B. 1524) and 750 (S.B. 1383),  | 
      
      
        | 
           
			 | 
        Acts of the 85th Legislature, Regular Session, 2017, is reenacted  | 
      
      
        | 
           
			 | 
        and amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  The Texas Department of Transportation shall provide  | 
      
      
        | 
           
			 | 
        the department with all routing information necessary to complete a  | 
      
      
        | 
           
			 | 
        permit issued under Section 623.071, 623.121, 623.142, 623.192, [or 
         | 
      
      
        | 
           
			 | 
        
          623.401] 623.402, or 623.421. | 
      
      
        | 
           
			 | 
                     (22)  Subsection (a), Section 623.424, Transportation  | 
      
      
        | 
           
			 | 
        Code, as redesignated from Subsection (a), Section 623.404,  | 
      
      
        | 
           
			 | 
        Transportation Code, by Section 21.001 of this Act, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (a)  Except as provided by Subsections (b) and (c), a vehicle  | 
      
      
        | 
           
			 | 
        combination operating under a permit under this subchapter may  | 
      
      
        | 
           
			 | 
        operate on a federal interstate highway or a state, county, or  | 
      
      
        | 
           
			 | 
        municipal road, including a frontage road adjacent to a federal  | 
      
      
        | 
           
			 | 
        interstate highway, if the truck-tractor displays a sticker  | 
      
      
        | 
           
			 | 
        required by Section 623.422 [623.402] and the vehicle combination  | 
      
      
        | 
           
			 | 
        does not exceed the maximum axle or gross weight applicable to the  | 
      
      
        | 
           
			 | 
        combination under the terms of the permit. | 
      
      
        | 
           
			 | 
                     (23)  Section 623.425, Transportation Code, as  | 
      
      
        | 
           
			 | 
        redesignated from Section 623.405, Transportation Code, by Section  | 
      
      
        | 
           
			 | 
        21.001 of this Act, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 623.425 [623.405].  CERTAIN COUNTY OR MUNICIPAL   | 
      
      
        | 
           
			 | 
        ACTIONS PROHIBITED.  Unless otherwise provided by state or federal  | 
      
      
        | 
           
			 | 
        law, a county or municipality may not require a permit, fee, or  | 
      
      
        | 
           
			 | 
        license for the operation of a vehicle combination described by  | 
      
      
        | 
           
			 | 
        Section 623.421(a) [623.401(a)] or (b) in addition to a permit,  | 
      
      
        | 
           
			 | 
        fee, or license required by state law. | 
      
      
        | 
           
			 | 
                     (24)  Subdivision (2), Subsection A, Section 45, The  | 
      
      
        | 
           
			 | 
        Securities Act (Article 581-45, Vernon's Texas Civil Statutes), is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
                     (2)  "Exploitation," "financial exploitation," and  | 
      
      
        | 
           
			 | 
        "vulnerable adult" have the meanings assigned by Section 281.001  | 
      
      
        | 
           
			 | 
        [280.001], Finance Code. | 
      
      
        | 
           
			 | 
               SECTION 21.003.  The following provisions of enacted codes  | 
      
      
        | 
           
			 | 
        are repealed to eliminate duplicate citations: | 
      
      
        | 
           
			 | 
                     (1)  Section 225.123, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 545 (S.B. 396), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is repealed as duplicative of Section 225.128,  | 
      
      
        | 
           
			 | 
        Transportation Code. | 
      
      
        | 
           
			 | 
                     (2)  Section 225.123, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 542 (S.B. 364), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is repealed as duplicative of Section 225.131,  | 
      
      
        | 
           
			 | 
        Transportation Code. | 
      
      
        | 
           
			 | 
                     (3)  Section 225.123, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 543 (S.B. 365), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is repealed as duplicative of Section 225.132,  | 
      
      
        | 
           
			 | 
        Transportation Code. | 
      
      
        | 
           
			 | 
                     (4)  Section 225.123, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 724 (S.B. 1037), Acts of the 85th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2017, is repealed as duplicative of Section 225.130,  | 
      
      
        | 
           
			 | 
        Transportation Code. | 
      
      
        | 
           
			 | 
                     (5)  Section 225.124, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Section 2, Chapter 1008 (H.B. 1317), Acts of the 85th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2017, is repealed as duplicative of Section  | 
      
      
        | 
           
			 | 
        225.129, Transportation Code. | 
      
      
        | 
           
			 | 
        ARTICLE 22.  EFFECTIVE DATE | 
      
      
        | 
           
			 | 
               SECTION 22.001.  This Act takes effect September 1, 2019. |